​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Abetment of Suicide by a Married Woman [Section 117]

1. IntroductionSuicide by a married woman, particularly within a few years of marriage, often raises serious concerns about domestic cruelty and harassment. Recognising this social reality, the law provides a special evidentiary presumption in appropriate cases.

Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the presumption as to abetment of suicide by a married woman.
This provision empowers the Court to presume that the suicide was abetted by the husband or his relatives, subject to fulfilment of specific conditions and an overall assessment of the facts of the case.

2. Statutory Provision: Section 117
Section 117 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, and:

1. it is shown that she committed suicide within seven years from the date of her marriage, and
2. her husband or such relative of her husband had subjected her to cruelty,

👉 then the Court may presume, having regard to all other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

3. Meaning of “Cruelty”
The term “cruelty” has the same meaning as assigned under the Explanation to Section 86 of the Bharatiya Nyaya Sanhita, 2023, which includes:

• Any wilful conduct of such a nature as is likely to:
  • drive the woman to commit suicide, or
  • cause grave injury or danger to her life, limb, or health (whether mental or physical).

Cruelty may thus be physical or mental and must be serious enough to have a direct bearing on the woman’s decision to end her life.

4. Essential Conditions for Applicability
To attract Section 117, the following three essentials must be proved by the prosecution:

1. Commission of suicide by the woman;
2. Such suicide was committed within seven years of her marriage;
3. The woman was subjected to cruelty by her husband or his relatives.

Only when all three conditions are fulfilled does the question of presumption arise.

5. Nature of Presumption – Discretionary

• The presumption under Section 117 is discretionary, not mandatory.
• The expression “may presume” clearly indicates that the Court is not bound to raise the presumption merely because the basic conditions are satisfied.
• The Court must also consider “all other circumstances of the case”, including:
  • the nature and gravity of cruelty,
  • the proximity between cruelty and suicide,
  • the conduct of the accused,
  • the mental state of the deceased.

Thus, the presumption cannot be applied mechanically.

6. Requirement of Causal Link
A cause-and-effect relationship between cruelty and suicide is essential.

• Mere proof of cruelty and suicide within seven years is not sufficient.
• The Court must be satisfied that the cruelty was of such intensity that it could reasonably have driven the woman to commit suicide.

7. Judicial Interpretation
Hans Raj v. State of Haryana
The Supreme Court examined the scope of Section 113A of the Indian Evidence Act (corresponding to Section 117 of BSA) and held:

• Unlike dowry death cases under Section 118, the presumption under Section 117 does not arise automatically.
• Even if suicide within seven years and cruelty are proved, the Court is not bound to presume abetment.
• Absence of evidence showing cruelty within the meaning of law will prevent the application of this Section.

8. Mere Suicide Not Sufficient
In Kashibai & Ors. v. State of Karnataka, the Court held:

• Mere commission of suicide by a married woman does not automatically attract Section 117.
• There must be clinching and cogent evidence showing cruelty and its nexus with suicide.
• In the absence of such evidence, no presumption of abetment can be raised, and conviction under Section 306 BNS (abetment of suicide) cannot be sustained.

9. Key Points (Note Form)

• Section 117 applies only to married women.
• Time limit: within seven years of marriage.
• Presumption is permissive, not compulsory.
• Court must consider all surrounding circumstances.
• Cruelty alone is insufficient unless linked to suicide.
• Presumption is rebuttable by the accused.
• Distinct from dowry death presumption under Section 118, which is mandatory.

10. Conclusion
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 strikes a careful balance between protecting married women from domestic cruelty and safeguarding the rights of the accused. By making the presumption discretionary, the legislature ensures that courts exercise judicial prudence and do not convict solely on the basis of suicide and marital cruelty without establishing a clear nexus between the two. This provision reinforces the principle that criminal liability must rest on proof of culpable conduct, not on mere suspicion.