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BSA · Section 118 · Chapter VII — OF THE BURDEN OF PROOF

Presumption as to dowry death.

What this section does

When it is shown that soon before a woman's death she was subjected to cruelty or harassment by a person in connection with a demand for dowry, the court shall presume that such person caused her dowry death. This is a mandatory presumption ('shall presume'). 'Dowry death' has the same meaning as in section 80 of the Bharatiya Nyaya Sanhita 2023.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Proof of cruelty or harassment for dowry demands soon before a woman's death raises a mandatory presumption of dowry death against the accused.

When it applies

  • A woman dies within two years of marriage; evidence shows her husband harassed her for dowry shortly before her death — the court shall presume he caused her dowry death.
  • Where a husband and in-laws are shown to have subjected the deceased to dowry-related harassment immediately before her death, the mandatory presumption of dowry death applies against them.
Old-law correspondence

Derived from IEA s.113B.

Read the official text

For the binding statutory text of BSA Section 118, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 118 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.