Court Rules Presumption Under Bharatiya Sakshya Adhiniyam, 2023 Section 117 Not Applicable as Suicide Occurred After 15 Years of Marriage; Bail Granted Amid Completed Investigation and Pending Trial
In a significant judgment dated September 29, 2026, the Rajasthan High Court, presided over by Justice Sanjeet Purohit, granted bail to Balavant Singh, who was accused of abetting the suicide of his wife, Kailash Kanwar. The case involved allegations that Balavant Singh and his family members subjected the deceased to harassment and taunts for not bearing a male child, and threatened to marry another woman, leading to her suicide after more than 15 years of marriage.
The FIR registered under Sarwana Police Station, Jalore District, charged Balavant Singh and his in-laws under Sections 85 and 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The case was initiated after Kailash Kanwar committed suicide on April 26, 2026. The deceased's father, Tag Singh, lodged the complaint alleging harassment and ill-treatment spanning years, including dowry-related demands and taunts over the gender of her children.
During the bail hearing, Balavant Singh's counsel argued that the deceased had lived happily with the applicant for nearly a decade before discord arose, and that there was no prima facie evidence of instigation, intentional aid, or abetment of suicide by the applicant. The defense also emphasized that the statutory presumption under Section 117 of the Bharatiya Sakshya Adhiniyam, 2023, analogous to Section 113A of the Indian Evidence Act, was not attracted because the suicide occurred after more than seven years of marriage.
The Court meticulously reviewed the evidence, including the charge-sheet and witness statements. It found that the deceased had been taunted for not bearing a male child and threatened with the husband's second marriage; however, such allegations alone did not satisfy the essential ingredients of abetment under Section 108 of BNS at the bail stage. The Court noted the post-mortem report indicated death by ante-mortem hanging without other injuries and observed that the accused was not present at the time of the incident.
Given that the investigation was complete, the charge-sheet filed, and Balavant Singh had been in judicial custody since June 6, 2026, the Court ruled that prolonged detention was not justified. It also observed that there was no risk of the accused absconding or interfering with the investigation. Accordingly, Balavant Singh was granted bail subject to strict conditions, including executing a personal bond and sureties, refraining from tampering with evidence, avoiding criminal activity, and attending all trial hearings.
The Court clarified that its observations were limited to the bail application and would not influence the trial court's independent adjudication on the merits of the case.
This judgment highlights the careful application of new legislative provisions under the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 in criminal proceedings relating to abetment of suicide, particularly in sensitive matrimonial disputes involving gender-based allegations.
Bottom Line:
Bail - Allegation of abetment of suicide of wife after more than 15 years of marriage - Presumption under Section 117 of Bharatiya Sakshya Adhiniyam, 2023 not attracted where death occurred after more than seven years of marriage - Mere allegations of taunts for not bearing a male child and threat of second marriage, without prima facie material of instigation, intentional aid or other act of abetment, held insufficient at bail stage to satisfy ingredients of Section 108 BNS - Investigation complete, charge-sheet filed and prolonged custody not warranted - Bail granted.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 85, 108, Bharatiya Sakshya Adhiniyam, 2023 Section 117
Balavant Singh v. State of Rajasthan, (Raj) : Law Finder Doc Id # 2990613
