Skip to playerSkip to main content
  • 4 hours ago
Here’s how the Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam treat dowry deaths, abetment of suicide, cruelty by in-laws, burden of proof, bail, and legal presumptions.

Category

🗞
News
Transcript
00:00Two women, two shocking deaths.
00:02Cases from Bhopal and Great Anoida have once again put the spotlight on alleged dowry harassment and cruelty by the
00:08in-laws.
00:11According to NCRB data, India recorded more than 5,700 dowry deaths in 2024,
00:19over 1.2 lakh cases of cruelty by husbands and in-laws,
00:23and more than 4,000 cases involving abetment of suicide of women.
00:28And in both these recent cases, there are allegations of injuries on the women's bodies.
00:34Both cases have another thing in common.
00:36The in-laws have claimed the deaths were suicide.
00:39So why does this distinction matter legally?
00:41Because under Indian law, a dowry death case is the same as a culpable homicide or murder.
00:47And it is far more difficult for the accused to escape.
00:50Under section 80 of the Bharatiya Nya Sainata,
00:53if a woman dies at an unnatural death within seven years of marriage,
00:57and there is evidence of dowry-related cruelty soon before her death,
01:01the law presumes that the husband or in-laws are responsible for the death.
01:06And that changes everything.
01:08The burden of proof shifts onto the accused to prove that they were not responsible.
01:13Under section 108 of the BNS,
01:16abetment of suicide carries a punishment of up to 10 years in prison.
01:20And under section 85,
01:22cruelty by husband or in-laws,
01:24even if it can lead up to suicide,
01:28only carries up to three years in jail.
01:30Traditionally also,
01:31as far as the law is concerned,
01:33abetment of suicide is much harder to prove.
01:36Courts have repeatedly said that ordinary marital disputes,
01:40general harassment or emotional arguments are not enough.
01:43The Supreme Court has insisted there has to be clear instigation,
01:47intentional aid or conduct so severe,
01:50that the victim felt there was no option except suicide.
01:53The Bharatiya Sakshi Adhineyam,
01:55India's new Evidence Act introduced in 2024,
01:58recognised the difficulty in prosecuting suicides of married women.
02:02So section 117 of the new law now creates a legal presumption of abetment.
02:08If a married woman dies by suicide within seven years of marriage,
02:12and there was evidence that she was subjected to cruelty by her husband or his relatives,
02:17the court may presume that they abetted the suicide.
02:21In simple terms,
02:22the burden of proof in suicide cases also could now shift to the husband and in-laws to explain their
02:28role.
02:28And that is exactly why the defence narratives often focus on mental health issues,
02:33depression or personal stress.
02:34Because if the defence can break the link between cruelty and the death,
02:39the suicide abetment case becomes much harder to prove.
02:43And ultimately,
02:44these cases are not just about a death was called a suicide.
02:48The real question is,
02:50will these women who lost their lives much too soon,
02:55will they get justice?
Comments

Recommended