⚠️ Material Changes Identified

Law Transition Comparison: Section 117 BSA vs Section 113A IEA

Side-by-side analysis of statutory changes, penal differences, bailable classification, trial courts, and precedents following India's July 2024 criminal law transition.

⚠️ Material Difference Highlights

Suicide within 7 years of marriage: BSA retains presumption.

AI Legal Analysis & Key Differences

Statutory Analysis: The transition from IEA to BSA for this provision introduces material changes to the legal framework.

Specific Modifications:

Suicide within 7 years of marriage: BSA retains presumption.

Penal & Procedural Impact:

The statutory maximum penalties and offenses classification remain consistent, but procedural execution under the new Sanhitas is subject to revised guidelines.

Transition Checklist for Legal Practitioners

✓

Verify Date of Offense (Crucial for Application)

If the alleged offense occurred before July 1, 2024, substantive charges must be filed under the old act (IEA). For offenses on or after July 1, 2024, use the new Sanhita (BSA).

✓

Nomenclature Audit in Pleadings

Ensure all draft petitions, FIRs, charge sheets, and bail applications refer to Section 117 of the BSA instead of the old Section 113A of the IEA.

✓

Confirm Savings Clause Compliance

Apply the savings clause (Section 531 BNSS or Section 358 BNS) to confirm that any trials, appeals, or investigations pending as of July 1, 2024 continue under the old code (IEA) as if the new Sanhitas had not been enacted.

✓

Review Updated Bail and Trial Jurisdiction

Double-check the schedule in BNSS or CrPC to verify if the trial court jurisdiction (e.g. Session Court vs Magistrate) or the bailable status has been altered for Section 117.

Act Source (Active Site)

Section 117

Bharatiya Sakshya Adhiniyam

Official Statutory Text

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.

Procedural Profile

Offence Category	N/A / Procedural
Bail Eligibility	Procedural
Arrest Classification	Procedural
Trial Court	Procedural
Max Punishment	Procedural

Act Source (Compared)

Section 113A

Indian Evidence Act, 1872

Official Statutory Text

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.

Procedural Profile

Offence Category	N/A / Procedural
Bail Eligibility	Procedural
Arrest Classification	Procedural
Trial Court	Procedural
Max Punishment	Procedural

Explore Section 117 Details Explore Section 113A Details