What Is Section 118 Of BSA?

Grammar-wise, the term “presumption” refers to a supposition, a basis for assuming something is true in the absence of concrete evidence, or the conclusion or inference that a fact exists.

In its broadest meaning, the term “presumption” refers to a legal rule, either statutory or judicial, whereby, in the absence of actual certainty regarding the truth of a fact or proposition, an inference favourably indicating that truth is drawn through a process of probable reasoning from something that is presumed to be true or proven.

Section 118 of BSA

The Section 118 of Bharatiya Sakshya Adhiniyam addresses the Presumption as to Dowry Death.
If a woman dies in relation to any demand for dowry and it was established that soon before her death she was subjected to harassment or abuse by any such person or her in-laws.
The court will then hold that person accountable for her demise.

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Presumption as to Dowry Death

Whenever the issue of dowry death arises, and if it can be demonstrated that the woman had experienced abuse or harassment in connection with any dowry demand not long before she passed away. Under Section 80 of the BNS, the court shall assume that the defendant was responsible for the dowry death.
In these types of trials, the weight of proof initially rests with the prosecution to establish dowry death; subsequently, it falls on the accused to establish his innocence.

Presumption as to Dowry Death: Essential Conditions

The following essential conditions must be proven before the presumption of dowry death can be raised.

Whether the accused has committed dowry death must be the question the court is asked to consider.
The woman’s spouse or his family members mistreated or harassed her.
Such mistreatment or intimidation was either in support of or related to any dowry demand.
Just before her death, she experienced such abuse or harassment.
That ought to have happened in her first seven years of marriage.

Section 118 of BSA: Landmark Judgments

It was claimed that the bride was continuously being asked for dowry in the Shanti v. State of Haryana, (1991) case. The bride’s father as well as brother were unexpectedly denied entry into her marital home because they were unable to pay the dowry. The victim passed away within seven years of getting married, and her body was cremated right away without first telling her father or brother, excluding any possibility of a natural death. The prosecution provided unequivocal evidence that the victim’s mother-in-law and the widow of her deceased brother-in-law had been abusing her for dowry money on a regular basis. The accused were found guilty under Section 80 of the Bhartiya Nyaya Sanhita and sentenced to seven years of hard labour after the Supreme Court ruled that in this case, there would be a presumption under Section 118 of BSA.
In the Gurbachan Singh vs. Satpal Singh (1990) case, the circumstantial evidence demonstrated that the accused had cruelly subjected the wife to constant taunts, maltreatment, and accusations that she was carrying an illegitimate child, which ultimately drove her to take the extreme step of committing suicide. When the suicide was committed, seven years had gone by since the marriage.

The Supreme Court ruled that a presumption might be made under Section 118 of BSA.

While receiving a dowry is demeaning to women in society, it also devalues counter-sex relationships by judging them solely on the basis of their income rather than their genuine qualities. On the other hand, mistreating a woman to get a dowry is an obvious example of excessive patriarchy. Currently, however, we can observe a decline in dowry cases because of the strict laws implemented to limit it.