Evidence Act · Chapter VII · Of the burden of proof

Evidence Act section 113B in the BSA

Evidence Act 113BBSA 118

Evidence Act section 113B, “Presumption as to dowry death”, is now BSA section 118 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 113B to BSA 118

Now BSA section 118, with the same presumption; dowry death is defined by reference to BNS section 80.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 113B Presumption as to dowry death

-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 304B of the Indian Penal Code (45 of 1860).

Bharatiya Sakshya Adhiniyam, 2023

Section 118 Presumption as to dowry death

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 80 of the Bharatiya Nyaya Sanhita, 2023.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).