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CHAPTER VII.––OF THE BURDEN OF PROOF

Section 113A: Presumption as to abetment of suicide by a married woman

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

1[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 498A of the Indian Penal Code (45 of 1860).]

Footnotes in the official text

  1. 1.Ins. by Act 46 of 1983, s. 7 (w.e.f. 25-12-1983).

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

113A. Presumption as to abetment of suicide by a married woman.BSA 117

Questions on this section

2 questions in 12 of our papers cite Section 113A. Try these from the free papers:

  1. 1. In Ramesh Kumar v. State of Chhattisgarh (2001), the Supreme Court explained "instigation" for the offence of abetment of suicide (Section 306 IPC, now Section 108 of the Bharatiya Nyaya Sanhita, 2023). Which of the following correctly states its view?

Practise questions on Criminal Law