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Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 allows a court to presume abetment of a woman’s…

Section 117 uses a seven-year period from the date of marriage and requires proof that the husband or relevant relative subjected the woman to cruelty. The presumption is…

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Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 allows a court to presume abetment of a woman’s suicide by her husband or his relative in qualifying circumstances. What is the statutory outer limit from the date of marriage?

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Answer and explanation

Correct answer A

Section 117 uses a seven-year period from the date of marriage and requires proof that the husband or relevant relative subjected the woman to cruelty.

The presumption is discretionary. The court considers all the other circumstances. Cruelty takes its meaning from section 86 of the Bharatiya Nyaya Sanhita, 2023.

Option feedback

Option A

Seven years is the outer limit, subject to the other statutory requirements.

Option B

Five years can fall within the window but is not the statutory outer limit.

Option C

Three years can fall within the window but is not the statutory outer limit.

Option D

One year can fall within the window but is not the statutory outer limit.

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