Section 117 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the presumption regarding the abetment of suicide by a married woman.
📜 Text of Section 117
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.(indiankanoon.org)
Explanation: For the purposes of this section, "cruelty" shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023.(thelawadvice.com)
🧠 Explanation
Section 117 establishes a legal presumption in cases where a married woman commits suicide within seven years of her marriage, and it is shown that she had been subjected to cruelty by her husband or his relatives. In such circumstances, the court may presume that the suicide was abetted by the husband or his relatives, considering all other relevant factors.(law4u.in)
The term "cruelty" in this context is defined as per Section 86 of the Bharatiya Nyaya Sanhita, 2023, which encompasses both physical and mental harm inflicted upon the woman.(law4u.in)
⚖️ Practical Application
Legal Presumption: If a woman dies by suicide within seven years of marriage and there is evidence of cruelty by her husband or his relatives, the court may presume abetment of suicide.
Burden of Proof: The presumption is not absolute; it is rebuttable. The accused can provide evidence to counter the presumption.
Role of Evidence: Testimonies, medical reports, and other relevant evidence can be presented to establish the occurrence of cruelty and the timeline of events leading to the suicide.(kanoongpt.in)
🧾 Illustration
Scenario: A woman, married for five years, commits suicide. Investigations reveal that she had been subjected to continuous verbal and physical abuse by her husband and his family. Her family provides testimonies and medical records supporting these claims.
Application of Section 117: Given the circumstances, the court may presume that the suicide was abetted by the husband or his relatives, unless they can provide evidence to the contrary.
Summary:
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023, aims to provide legal recourse in cases where a married woman commits suicide under circumstances suggesting abetment by her husband or his relatives. By establishing a presumption of abetment in such cases, the law seeks to protect vulnerable individuals and hold accountable those who may contribute to such tragic outcomes.
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