Presumption as to Dowry death | Section 118 of BSA | Bhartiya Sakshya Adhiniyam, 2023 Lecture 55.

Summary

This video lecture by Dr. Wasim provides a detailed analysis of Section 118 of the Indian Evidence Act (2023), which addresses the presumption of dowry death. The section allows courts to presume that a husband or his relatives caused the death of a woman if evidence shows she suffered cruelty or harassment related to dowry demands, especially if the death occurred within seven years of marriage. The video further explains the essential criteria for invoking this presumption, supported by case law examples that clarify when the presumption can be raised and when it cannot. The lecture is a valuable resource for understanding this legal provision in depth.

Takeaways

• 😀 Section 118 of the Indian Evidence Act (2023) deals with the presumption of dowry death when a woman dies under unnatural circumstances due to cruelty or harassment related to dowry demands.
• 😀 For Section 118 to apply, the accused must be tried for dowry death under Section 80 of the Indian Penal Code (IPC).
• 😀 Cruelty or harassment must be proven to have been inflicted by the husband or his relatives, and it must be connected to dowry demands.
• 😀 The presumption of dowry death under Section 118 can only be raised if the cruelty or harassment occurred shortly before the woman’s death.
• 😀 Dowry death, as per Section 80 of the IPC, refers to unnatural deaths caused by burns, bodily injury, or any cause other than normal circumstances within seven years of marriage.
• 😀 In cases where the woman was tortured or harassed due to dowry demands and died under unnatural circumstances within seven years of marriage, the death will be treated as a dowry death.
• 😀 The court must prove that the woman was subjected to cruelty or harassment in connection with dowry demands just before her death for the presumption of dowry death to apply.
• 😀 If cruelty or harassment is not proven, or if the cruelty happened after a long period without recent incidents, the court cannot raise the presumption of dowry death.
• 😀 Legal cases, such as *Shyamlal vs. State of Haryana*, demonstrate that when there is no evidence of cruelty or harassment shortly before death, the presumption of dowry death cannot be raised.
• 😀 Section 118 emphasizes that both cruelty and dowry demands must be proven before the presumption of dowry death can be invoked, ensuring fair application of the law.

Q & A

What is Section 118 of the Indian Evidence Act, 2023, about?

Section 118 of the Indian Evidence Act, 2023 deals with the presumption of dowry death. It allows the court to presume that the husband or his relatives caused the death of a woman due to dowry-related cruelty or harassment, if certain conditions are met.

What are the essential conditions for raising a presumption under Section 118?

The presumption under Section 118 can be raised if: 1) Charges under IPC Section 80 (relating to dowry death) are proved, 2) There is evidence of cruelty and harassment related to dowry demands, 3) The cruelty and harassment occurred soon before the woman's death, and 4) The death was unnatural (due to injury, burns, etc.).

What is the definition of 'dowry death' according to the Indian Penal Code?

Dowry death, as defined in Section 80 of the Indian Penal Code, refers to the unnatural death of a woman within seven years of marriage due to burns or bodily injuries, accompanied by evidence of cruelty or harassment related to dowry demands.

What is the significance of 'cruelty' and 'harassment' in the context of dowry death?

Cruelty and harassment refer to the physical and mental suffering a woman experiences due to dowry demands made by her husband or his relatives. If proven, these actions form the basis for raising a presumption of dowry death under Section 118 of the Indian Evidence Act.

Can Section 118 be applied if the woman’s death occurred a long time after the dowry-related cruelty?

No, Section 118 requires that the cruelty and harassment related to dowry demands occurred shortly before the woman’s death. If there was a long gap between the cruelty and the death, such as years later, the presumption under Section 118 would not be raised.

What was the key issue in the case of Shyamlal vs State of Haryana?

In the case of Shyamlal vs State of Haryana, the court did not raise a presumption under Section 118 because there was no proof of cruelty or harassment leading to dowry demands, even though the wife was sent back to her parental home. Without evidence of cruelty, the presumption could not be invoked.

In the case of Tilak Badiya vs State of Bihar, why was the presumption under Section 118 not invoked?

In Tilak Badiya vs State of Bihar, the woman’s death was found to be unnatural, but there was no evidence of cruelty or harassment linked to dowry demands. Without the crucial connection between the death and dowry-related abuse, the presumption under Section 118 was not invoked.

What is the significance of 'unusual death' in the application of Section 118?

For Section 118 to apply, the woman’s death must be unnatural (such as due to burns or injuries). If the death occurs under normal circumstances or after a long period of normal marital relations, Section 118’s presumption cannot be raised.

What legal precedent was set in the case of Namchand vs State of Haryana?

In the Namchand vs State of Haryana case, the court raised the presumption of dowry death under Section 118 due to consistent dowry demands and the cruel treatment faced by the woman, leading to her unnatural death. This case highlighted the importance of proving both cruelty and a clear connection to dowry demands.

How does Section 118 contribute to the legal framework for dowry-related deaths?

Section 118 of the Indian Evidence Act, 2023 provides a mechanism for courts to presume the guilt of the husband or his relatives in cases of dowry death, provided certain conditions such as proof of cruelty, harassment, and dowry demands are met. This helps ensure accountability in cases where a woman’s death is linked to dowry-related abuse.