If a wife dies by suicide within seven years of marriage and there was any cruelty, the husband is automatically guilty.

Courts have clarified that the presumption is discretionary ('may presume'), not automatic. The judge must consider all circumstances, and the accused can still present evidence to rebut the presumption.

This provision itself defines 'cruelty' independently.

The Explanation clarifies that 'cruelty' takes its meaning from Section 86 of the Bharatiya Nyaya Sanhita, 2023, not from this section alone.

Bharatiya Sakshya Adhiniyam, 2023

Section 117

Presumption as to abetment of suicide by a married woman

When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. Explanation.—For the purposes of this section, “cruelty” shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023.§

Why this exists

This provision continues a rule first introduced in Indian evidence law in 1986 (as Section 113A of the old Evidence Act), in response to widespread concern about dowry deaths and cruelty against young married women. Because such deaths often happen behind closed doors, direct proof of abetment is hard to find. Lawmakers shifted some of the evidentiary burden by allowing courts to presume abetment once cruelty and a suicide within seven years of marriage are shown, making it easier for victims' families to seek justice while still requiring courts to consider the full context before convicting.

How courts read it

Under the predecessor provision (Section 113A of the Indian Evidence Act, 1872), courts clarified that the presumption is discretionary, not mandatory — the word 'may presume' means judges must consider all surrounding circumstances, not apply the presumption automatically. Courts have held that mere proof of cruelty and suicide within seven years does not by itself compel a conviction; there must be a reasonable link suggesting the cruelty could have driven the woman to suicide. Higher courts have also emphasized that the accused can rebut the presumption by presenting evidence to the contrary.

Common misconceptions

Myth: If a wife dies by suicide within seven years of marriage and there was any cruelty, the husband is automatically guilty.
Fact: Courts have clarified that the presumption is discretionary ('may presume'), not automatic. The judge must consider all circumstances, and the accused can still present evidence to rebut the presumption.
Myth: This provision itself defines 'cruelty' independently.
Fact: The Explanation clarifies that 'cruelty' takes its meaning from Section 86 of the Bharatiya Nyaya Sanhita, 2023, not from this section alone.