Section 117 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to abetment of suicide by a married woman

Section 117 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to abetment of suicide by a married woman

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

Explanation. — —For the purposes of this section, "cruelty" shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Fact Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 117

Section 117 establishes the statutory presumption regarding abetment of suicide by a married woman within seven years of marriage.

Core Legal Standard: Section 117 (formerly Section 113A IEA) provides that when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband.
Operational Application: It is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative had subjected her to cruelty, the Court may presume that such suicide had been abetted by her husband or such relative.

Section 117 establishes a vital statutory presumption against matrimonial cruelty, shifting the evidentiary burden to the accused where an unnatural death occurs within seven years of marriage.

Key Landmark Precedents:

State of W.B. v. Orilal Jaiswal (1994) 1 SCC 73: Held that the court must exercise circumspection under Section 113A IEA / Section 117 BSA; cruelty must be of such nature as is likely to drive the woman to commit suicide under Section 498A.
Pinakin Mahipatray Rawal v. State of Gujarat (2013) 10 SCC 48: Reiterated that Section 117 provides a discretionary presumption ('may presume'), requiring evaluation of marital history.

Legal Commentary:

Section 117 operates alongside Section 85 and 108 BNS. Where a young bride takes her own life within seven years of marriage following persistent domestic cruelty, the court is statutorily authorized to presume the husband or in-laws abetted her suicide.