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Section 113-B of the Indian Evidence Act and Section 118 BSA — The Presumption of Dowry Death Explained
Section 113-B of the Indian Evidence Act, 1872 (re-enacted as Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024) obliges the court to presume that the accused caused the dowry death of a woman where the prosecution establishes that, soon before her death, she was subjected by the accused to cruelty or harassment in connection with a demand for dowry. This explainer covers the three conditions for invoking the presumption, what “shall presume” means as a mandatory evidentiary rule, key judicial interpretations, and the connection to the substantive offence under Section 304-B IPC / Section 80 BNS.
The Statutory Provision
Section 113-B of the Indian Evidence Act, 1872 (now repealed, replaced by BSA)
“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 had been 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 — For the purposes of this section, ‘dowry death’ shall have the same meaning as in section 304-B of the Indian Penal Code, 1860.
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (in force from July 1, 2024)
Section 118 BSA re-enacts the provision in identical terms, substituting the reference to “section 304-B IPC” with “section 80 of the Bharatiya Nyaya Sanhita, 2023.” No substantive change was made — the presumption operates identically under the new law.
What Is “Dowry Death”?
Section 304-B of the Indian Penal Code, 1860 (now Section 80 of the Bharatiya Nyaya Sanhita, 2023) defines dowry death as the death of a woman caused by burns, bodily injury, or by other than normal circumstances, within seven years of marriage, where it is shown that soon before her death she was subjected to cruelty or harassment by her husband or his relatives for, or in connection with, any demand for dowry.
The offence under Section 304-B IPC / Section 80 BNS is punishable with imprisonment for a minimum of seven years, which may extend to life.
The Three Conditions for Invoking Section 113-B / Section 118 BSA
For the mandatory presumption to operate, three conditions must be established by the prosecution:
1. Death of a woman within seven years of marriage
The death must have occurred within the first seven years of marriage. Deaths after seven years of marriage are not covered by this presumption. The death may be by any cause — burns, drowning, poison, or any unnatural cause.
2. Cruelty or harassment “soon before” death
The prosecution must show that the woman was subjected to cruelty or harassment “soon before her death.” The phrase “soon before” does not mean immediately before — it means within a proximate and reasonably recent period before the death. This is a question of fact in each case, and courts have interpreted it to include continuous harassment over a period leading up to the death.
The cruelty or harassment must be by the accused — her husband or his relatives — and it must be for, or in connection with, any demand for dowry.
3. The person is accused of causing the dowry death
The presumption applies only to the accused who is alleged to have committed the dowry death. The court must be examining the question of whether that person caused the death.
”Shall Presume” — A Mandatory, Rebuttable Presumption
The critical feature of Section 113-B / Section 118 BSA is the use of the phrase “shall presume” (as opposed to “may presume” in Section 113-A, which deals with abetment of suicide).
“Shall presume” means the presumption is mandatory — once the three conditions are established, the court has no discretion. It is obliged to presume that the accused caused the dowry death. The presumption is one of law (praesumptio juris), not merely of fact.
However, it is rebuttable. The accused can discharge the presumption by presenting evidence that the death was not caused by dowry-related circumstances or that the alleged cruelty did not occur. The burden of proof shifts to the accused to disprove the presumption.
The contrast with Section 113-A IEA (now Section 117 BSA, abetment of suicide) is significant: under Section 113-A, the court “may” presume abetment — the presumption is discretionary. Under Section 113-B / 118 BSA, the court “shall” presume dowry death — it is compulsory.
Key Judicial Interpretations
The Supreme Court on “Soon Before”
The Supreme Court has consistently held that the expression “soon before” in Section 113-B IEA does not require the harassment to have occurred immediately before death. It means that the harassment must be proximate in time and there must not be a significant gap between the last act of cruelty and the death. Courts examine whether a continuous course of dowry-related harassment was present.
Incessant Harassment Is Essential
The Supreme Court, in its January 2025 ruling (in a case arising from Uttar Pradesh, concerning Section 113-B), held that “clear evidence for incessant harassment” is essential before Section 113-B can be invoked. The presumption cannot be applied mechanically or automatically merely upon an allegation of dowry death — there must be substantiated evidence of continuous or repeated dowry-related cruelty.
Section 113-B and Section 304-B Must Be Read Together
Section 304-B IPC / Section 80 BNS creates the substantive offence of dowry death. Section 113-B IEA / Section 118 BSA creates the evidentiary presumption. Both provisions are companion pieces of legislation and must be read together. A conviction under Section 304-B / Section 80 BNS without any evidence of cruelty “soon before death” — even with the aid of the presumption — would not be sustainable.
Allahabad HC in Ram Rati v. State of UP (2026)
The Allahabad High Court, Lucknow Bench, recently reiterated (in Ram Rati v. State of UP, 2026 LiveLaw (AB) 295) that life imprisonment in dowry death cases is reserved for the rarest of rare cases. This underscores that while the presumption under Section 113-B is mandatory, the sentencing exercise remains guided by principles of proportionality and the specific facts of each case.
How Section 113-B / Section 118 BSA Works in Practice
At trial: Once the prosecution establishes the three foundational conditions (death within seven years, cruelty/harassment for dowry soon before death, the accused is charged), the court presumes that the accused caused the dowry death. The accused must then rebut this presumption.
The accused’s options: To rebut, the accused may lead evidence showing:
- The death was natural or accidental and unconnected to any dowry demand.
- There was no cruelty or harassment for dowry before the death.
- The alleged “cruelty” was not in connection with any demand for dowry.
- The relationship between the alleged harassment and the death is remote, not proximate.
Standard of rebuttal: The accused must lead evidence that raises reasonable doubt about the presumed fact. The standard is not proof beyond reasonable doubt — it is preponderance of probabilities.
The Transition From IEA to BSA
With the Bharatiya Sakshya Adhiniyam, 2023 coming into force on July 1, 2024:
- Cases where the offence was committed before July 1, 2024, and the FIR was registered before July 1, 2024, will continue to be governed by the Indian Evidence Act, 1872, including Section 113-B.
- Cases where the trial commences on or after July 1, 2024, will be governed by the BSA, including Section 118, which contains the identical presumption.
In both cases, the practical operation of the presumption is the same.
Relevant Provisions at a Glance
| Provision | Subject |
|---|---|
| Section 113-B, Indian Evidence Act, 1872 | Presumption as to dowry death (repealed 1.7.2024) |
| Section 118, Bharatiya Sakshya Adhiniyam, 2023 | Presumption as to dowry death (in force 1.7.2024) |
| Section 304-B, Indian Penal Code, 1860 | Offence of dowry death (repealed 1.7.2024) |
| Section 80, Bharatiya Nyaya Sanhita, 2023 | Offence of dowry death (in force 1.7.2024) |
| Section 113-A, Indian Evidence Act, 1872 | Presumption as to abetment of suicide (repealed) |
| Section 117, Bharatiya Sakshya Adhiniyam, 2023 | Presumption as to abetment of suicide |
Useful Resources
- Section 118, Bharatiya Sakshya Adhiniyam — Indian Kanoon
- Section 304-B IPC — Indian Kanoon
- Allahabad HC — Ram Rati v. State of UP, 2026 LiveLaw (AB) 295 (LiveLaw)
- Supreme Court on Section 113-B — Incessant Harassment Required (LiveLaw)
- Drishti Judiciary — Dowry Death Presumption Explained
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.