Section 118 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to dowry death

Section 118 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to dowry death

Official Bare Act Text

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

When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.

Explanation. — —For the purposes of this section, "dowry death" shall have the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.

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

Court Sec 2(1)(a) Evidence Sec 2(1)(c) Proved Sec 2(1)(f) Estoppel Sec 121

Legal Commentary & Landmark Judgments: Section 118

Section 118 creates a mandatory statutory presumption of dowry death, providing that where a woman's death was caused by burns or bodily injury or occurred unnaturally within seven years of marriage, and it is shown that soon before her death she was subjected to cruelty for dowry, the Court shall presume that such person caused the dowry death.

Four Foundational Predicates: Prosecution must prove: (1) Unnatural death, (2) Occurred within 7 years of marriage, (3) Cruelty or harassment by husband or relatives, and (4) Harassment was 'soon before death' for or in connection with dowry demands.
Mandatory 'Shall Presume': Once the four predicates are proved, the court has no discretion; it is mandated to presume that the accused caused the dowry death under Section 80 BNS (former 304B IPC).
Reverse Burden on Accused: The burden shifts completely to the accused to prove that the death was accidental or unrelated to dowry.

Key Landmark Precedents:

Satbir Singh v. State of Haryana (2021) 6 SCC 1: The Supreme Court laid down that 'soon before death' does not mean 'immediately before'; there must be an unbroken proximate nexus between the dowry cruelty and the unnatural demise under Section 113B IEA (Section 118 BSA).
Bansi Lal v. State of Haryana (2011) 11 SCC 359: Affirmed that once the foundational facts are proved beyond reasonable doubt, the court is bound to raise the presumption under Section 113B, and the accused must rebut it with credible evidence.

Courtroom Practice & Strategic Litigation Guidance:

In defending dowry death prosecutions, dismantle the 'soon before death' nexus: demonstrate long periods of harmony between demands and death, show separate living arrangements, or prove independent medical, psychological, or accidental causes.