​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Dowry Death
[Section 118]

1. Introduction
Dowry death refers to the death of a married woman who is killed or driven to commit suicide due to cruelty or harassment in connection with dowry demands. Such deaths are a serious social evil and are prevalent in countries like India, Pakistan, Bangladesh, and Iran.
To combat this menace, the law incorporates a statutory presumption against the husband or his relatives in appropriate cases. Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides for presumption as to dowry death.

2. Statutory Provision: Section 118
Section 118 states that:
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 was 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:
The expression “dowry death” shall have the same meaning as assigned to it under Section 80 of the Bharatiya Nyaya Sanhita, 2023.

3. Meaning of Dowry Death (Section 80, BNS, 2023)
A death is termed as dowry death when:

• The death of a woman is caused by burns, bodily injury, or occurs otherwise than under normal circumstances;
• Such death occurs within seven years of her marriage;
• It is shown that soon before her death, she was subjected to cruelty or harassment;
• Such cruelty or harassment was by her husband or his relatives;
• The cruelty or harassment was for or in connection with any demand for dowry.

📌 Dowry has the same meaning as under Section 2 of the Dowry Prohibition Act, 1961.
Punishment (Section 80(2), BNS):
Imprisonment for not less than seven years, which may extend to imprisonment for life.

4. Essentials to Raise Presumption under Section 118
The prosecution must establish the following ingredients:

1. Death of a woman caused by burns, bodily injury, or otherwise than under normal circumstances;
2. Death occurred within seven years of marriage;
3. The woman was subjected to cruelty or harassment;
4. Such cruelty or harassment was by the husband or his relatives;
5. The cruelty or harassment was for or in connection with demand for dowry;
6. The cruelty or harassment occurred soon before her death.

✔️ Once these conditions are satisfied, the presumption of dowry death must be drawn.

5. Nature of Presumption – Mandatory but Rebuttable

• Section 118 uses the expression “shall presume”, making the presumption mandatory.
• Once the foundational facts are proved, the Court has no discretion and must presume that the accused caused the dowry death.
• However, the presumption is rebuttable.
• The accused can disprove it by leading cogent and credible evidence.
• This provision places a reverse burden of proof on the accused.

📌 Section 118 BSA corresponds to Section 113B of the Indian Evidence Act, read with Section 304B IPC.

6. “Soon Before Her Death” – Proximity Test
The phrase “soon before her death” does not mean immediately before.
In Maya Devi v. State of Haryana, the Supreme Court held:

• The expression implies a proximity test.
• There must be a live and proximate link between the cruelty or harassment related to dowry demand and the death.
• If the cruelty is remote in time and has become stale, the presumption will not arise.

👉 The interval between cruelty and death should not be so wide that the connection becomes insignificant.

7. No Fixed Time Period for Proximity Test
The law does not prescribe any specific time limit for “soon before her death”.
In Parvati Devi v. State of Bihar (now Jharkhand); Ram Sahay Mahato v. State of Bihar, the Supreme Court held:

• The proximity test must be applied case by case.
• Where dowry demands were made shortly after marriage and the woman went missing or died under abnormal circumstances, presumption under Section 118 would arise.
• Even circumstantial evidence can be sufficient to raise the presumption.

📌 In this case:

• Conviction of the husband was upheld.
• Mother-in-law was acquitted due to absence of specific allegations and evidence against her.

8. Key Legal Principles (Note Form)

• Dowry death presumption is a presumption of law, not of fact.
• The burden initially lies on the prosecution to prove foundational facts.
• Once proved, the burden shifts to the accused.
• “Soon before her death” requires a proximate and live link, not a rigid timeframe.
• Presumption applies individually, not automatically to all relatives.
• Each accused’s role must be specifically established.

9. Conclusion
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 plays a crucial role in addressing dowry-related deaths by strengthening the evidentiary framework. By introducing a mandatory presumption with a reverse burden of proof, the law seeks to ensure accountability while still preserving the accused’s right to rebut the presumption. The judicial interpretation of expressions like “soon before her death” ensures flexibility and fairness through case-specific analysis.