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.
Indian Evidence Act, 1872
Section 113A
Presumption as to abetment of suicide by a married woman
Englishहिंदी
⚡ Quick Answer Reference: Section 113A IEA
- Provision: Section 113A of IEA
- Act: Indian Evidence Act, 1872
- Classification: evidence
- Jurisdiction: India
- Summary: This section allows a court to presume that a married woman's suicide was abetted by her husband or a relative if she died within seven years of marriage and had been subjected to cruelty.
Statutory Content
What does Section 113A of IEA say?
Indian StandardSection 113A, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 113A (India)
Court Pleading StandardSection 113A of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/113a
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).
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Section Meaning & Purpose
What does Section 113A of IEA mean?
Plain English Explanation
This section allows a court to presume that a married woman's suicide was abetted by her husband or a relative if she died within seven years of marriage and had been subjected to cruelty.
Practical Interpretation
In cases where a married woman takes her own life, this section gives the court the discretion to assume that her husband or a family member was involved in her death if she was mistreated and died within seven years of marriage.
Core Legal Purpose
The core purpose of this section is to provide a legal presumption that can be used in cases of suspected marital cruelty leading to a woman's suicide, making it easier to hold perpetrators accountable.
Key Legal Elements
- •The woman must have died within seven years of her marriage.
- •The woman must have been subjected to cruelty by her husband or a relative.
- •The court must consider all other circumstances of the case before making a presumption.
- •This section does not provide a specific punishment or penalty.
Practical Example
Practical Example of Section 113A IEA
Rajesh and Priya were married for five years when Priya took her own life. During their marriage, Rajesh had been physically and emotionally abusive to Priya. The court can use Section 113A to presume that Rajesh abetted Priya's suicide, as she died within seven years of marriage and was subjected to cruelty.
Common Questions (FAQ)
Frequently Asked Questions about Section 113A IEA
Q: What is the punishment or consequence under Section 113A of IEA?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals, specifically husbands and relatives of husbands.
Q: Is an offence under this section bailable or cognizable?
This section does not prescribe a penal punishment, so it is not applicable to determine bailability or cognizability.
People Also Ask (PAA)
Common Questions about Section 113A IEA
What is Section 113A of IEA?
Section 113A of the Indian Evidence Act, 1872 (IEA) defines and regulates "Presumption as to abetment of suicide by a married woman". In plain terms: This section allows a court to presume that a married woman's suicide was abetted by her husband or a relative if she died within seven years of marriage and had been subjected to cruelty.
What are the elements of Section 113A of IEA?
The essential elements of Section 113A of IEA are: The woman must have died within seven years of her marriage.; The woman must have been subjected to cruelty by her husband or a relative.; The court must consider all other circumstances of the case before making a presumption..
What replaced Section 113A of IPC in BNS?
Section 113A of the Indian Penal Code (IPC) was replaced by Section 117 of the Bharatiya Nyaya Sanhita (BNS) 2023. Suicide within 7 years of marriage: BSA retains presumption.
Law Transition Mapping
Replaced by New Law
This SectionSection 113AIndian Evidence Act (IEA)
→New LawSection 117Bharatiya Sakshya Adhiniyam (BSA)
⚠️ Material Change: Suicide within 7 years of marriage: BSA retains presumption.
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