Section 117 BSA 2023: Presumption as to Abetment of Suicide by a Married Woman
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with a statutory presumption that a Court may draw in specified cases where a married woman commits suicide and cruelty by her husband or a relative of her husband is shown.
Updated: 13 September 2026. The Bharatiya Sakshya Adhiniyam, 2023 has been in force since 1 July 2024.
Text and effect of Section 117 BSA
Section 117 - Presumption as to abetment of suicide by a married woman.
Where the question is whether the suicide of a woman was abetted by her husband or a relative of her husband, the provision permits the Court to presume abetment when it is shown that the woman committed suicide within seven years from the date of marriage and that the husband or such relative had subjected her to cruelty. The Court must also have regard to all the other circumstances of the case.
Explanation: For Section 117, the expression "cruelty" carries the same meaning as in Section 86 of the Bharatiya Nyaya Sanhita, 2023.
The official enactment can be checked on India Code - Bharatiya Sakshya Adhiniyam, 2023. The Act was brought into force from 1 July 2024 by the Central Government notification dated 23 February 2024.
When can the Court draw the presumption?
The statutory conditions should be read together. In broad terms, Section 117 becomes relevant when the following foundational facts are established:
- the woman has committed suicide;
- the question before the Court concerns alleged abetment by her husband or a relative of her husband;
- the suicide occurred within seven years from the date of the marriage; and
- the husband or the concerned relative subjected the woman to "cruelty" within the meaning adopted by Section 117.
Even when these conditions are shown, the wording is "may presume". Therefore, the presumption is permissive rather than automatic, and the Court must consider the other circumstances of the particular case.
Meaning of "cruelty" under Section 86 BNS
Section 117 expressly adopts the definition of cruelty in Section 86 of the Bharatiya Nyaya Sanhita, 2023. In substance, cruelty includes:
- wilful conduct of such a nature as is likely to drive a woman to commit suicide or to cause grave injury or danger to her life, limb or mental or physical health; or
- harassment aimed at coercing her or a person related to her to meet an unlawful demand for property or valuable security, or harassment because such a demand was not met.
Section 85 BNS separately provides for punishment where a husband or a relative of the husband subjects a woman to cruelty. Section 86 supplies the statutory meaning of that cruelty.
Relationship with abetment of suicide under BNS
Section 117 BSA is a rule of evidence. It does not itself create the substantive offence of abetment of suicide. The corresponding substantive offence is dealt with by Section 108 of the Bharatiya Nyaya Sanhita, 2023, which provides punishment where a person abets the commission of suicide.
Section 117 BSA and former Section 113A of the Indian Evidence Act
Section 117 BSA substantially carries forward the subject previously dealt with by Section 113A of the Indian Evidence Act, 1872. For conduct and proceedings governed by the new criminal laws, the BSA provision and the corresponding BNS provisions should be cited with attention to their commencement from 1 July 2024 and any applicable saving or transitional rule.
Quick reference
| Point | Section 117 BSA position |
|---|---|
| Nature of provision | Evidentiary presumption. |
| Person whose suicide is in question | A married woman. |
| Relevant accused persons | Her husband or a relative of her husband. |
| Time condition | Suicide within seven years from the date of marriage. |
| Additional foundational fact | Cruelty by the husband or concerned relative. |
| Meaning of cruelty | As defined in Section 86 BNS, 2023. |
| Strength of presumption | The Court "may presume", after considering all other circumstances. |
Official legal resources
For authoritative text and commencement material, refer to the Bharatiya Sakshya Adhiniyam, 2023 on India Code, the Bharatiya Nyaya Sanhita, 2023 on India Code, and the Ministry of Home Affairs - New Criminal Laws page.