With the transition from IPC to the Bharatiya Nyaya Sanhita (BNS) in 2024, familiar provisions like Sections 498A and 304B have been replaced by Section 85 (Cruelty) and Section 80 (Dowry Death). These offences remain serious, but the legal framework for bail has evolved.
The Presumption Challenge: Section 118 BSA
Under the Bharatiya Sakshya Adhiniyam (BSA), Section 118 introduces a presumption:
If a woman dies within seven years of marriage under unnatural circumstances and was subjected to dowry-related cruelty soon before her death, the court shall presume involvement of the husband or relatives.
This reverse burden makes bail more complex compared to other offences.
Strategies for Bail Applications
1. Addressing Omnibus Allegations
Courts have cautioned against vague accusations that implicate multiple relatives without specific details.
Example: Kahkashan Kausar v. State of Bihar (2022) — FIRs with generalized allegations were quashed for lack of specificity.
2. Breaking the “Soon Before” Link
For the presumption to apply, cruelty must be proximate to the death.
Example: Karan Singh v. State of Haryana (2025) — The Supreme Court acquitted the accused where alleged harassment occurred long before the incident.
3. Section 85 Cases: Arrest Guidelines
For cruelty cases (Section 85), punishment is less than seven years.
Under Section 35 BNSS and Arnesh Kumar v. State of Bihar (2014), police should issue a notice of appearance rather than arrest automatically.
