Presumption as to Abatement of Suicide by a Married Women
Section 113A of the Indian Evidence Act, 1872 When the question is whether the commission of suicide by a women 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 has 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.
For the purposes of this section, “cruelty” shall have the same meaning as in Section 498-A of the Indian Penal Code (45 of 1860).
Essential Conditions -
For application of Section 113-A of the Indian Evidence Act, the following conditions are to be satisfied -
1. The case must be suicide, not murder.
2. Suicide must have committed within 7 years from the date of marriage.
3. The question in issue must be whether suicide was abetted by a husband or his relatives.
4. It must be shown that she was subjected to Cruelty by her husband or relatives of husband.
Should consider all the circumstances of the case.
If above-mentioned conditions are satisfied the court may presume that suicide was abetted by husband or his relatives who subjected her to cruelty.
Distiinction between Presumption of Fact and Presumption of Law
Various Presumptions as to Documents Under the Indian Evidence Act 1872
Abetment to Commit Suicide (Section 305 & 306 of the Indian Penal Code 1860)
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