Section 118 of BSA : Section 118: Presumption as to dowry death.

Explanation using Example

Example 1:

Scenario: Rita was married to Rajesh for three years. During this period, Rajesh and his family constantly demanded additional dowry from Rita's parents, despite having already received a substantial amount at the time of marriage. Rita was subjected to severe mental and physical harassment by Rajesh and his family for not fulfilling their dowry demands. Tragically, Rita was found dead under suspicious circumstances in her marital home.

Application of Section 118: In this case, the court will presume that Rajesh and his family caused Rita's dowry death because it is shown that soon before her death, Rita was subjected to cruelty and harassment in connection with dowry demands. Rajesh and his family will have the burden to prove otherwise to counter this presumption.

Example 2:

Scenario: Sunita was married to Anil for two years. Anil and his parents frequently harassed Sunita for not bringing enough dowry. They demanded a car and additional cash from Sunita's parents. Sunita's parents were unable to meet these demands, leading to increased harassment. One day, Sunita was found dead in her marital home, and the initial investigation suggested that she had been subjected to cruelty related to dowry demands shortly before her death.

Application of Section 118: In this situation, the court will presume that Anil and his parents are responsible for Sunita's dowry death. The evidence of harassment and cruelty related to dowry demands soon before her death triggers this presumption. Anil and his parents will need to provide evidence to rebut this presumption to avoid being held liable for dowry death.