IEA 113A→BSA 117

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

Section 113A IEA (1872) replaced by Section 117 BSA (2023)

View IEA Section 113A →View BSA Section 117 →

IEA 113A to BSA 117 at a Glance

Section 113A IEA (Presumption as to abetment of suicide by a married woman) is now Section 117 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 113A to BSA 117?

Section 113A of the Indian Evidence Act, 1872 became Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The reference to the Indian Penal Code now points to the BNS.

IEA 113A vs BSA 117: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section113A117
HeadingPresumption as to abetment of suicide by a married womanSame

IEA 113A and BSA 117: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 113A, IEA 1872

113A. Presumption as to abetment of suicide by a married woman.—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).
BSA 2023 (in force)

Section 117, BSA 2023

117. Presumption as to abetment of suicide by a married woman.—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 86 of the Bharatiya Nyaya Sanhita, 2023.

When It Applies: IEA 113A vs BSA 117

Under IEA 113A
  1. A court is deciding whether the husband of a married woman, or a relative of the husband, abetted the suicide of the woman.
  2. It is shown that the woman died by suicide within seven years from the date of the marriage.
  3. It is shown that the husband or that relative of the husband had subjected the woman to cruelty, as defined in Indian Penal Code Section 498A.
  4. If those facts are shown, the court may presume abetment by the husband or that relative after looking at all the other facts of the case.
Under BSA 117
  1. A Court is deciding whether the husband of a married woman, or a relative of the husband, abetted the suicide of the woman.
  2. It is shown that the woman died by suicide within seven years from the date of the marriage.
  3. It is shown that the husband or that relative of the husband had subjected the woman to cruelty, as defined in Section 86 in the Bharatiya Nyaya Sanhita, 2023.
  4. If those facts are shown, the Court may presume abetment by the husband or that relative after looking at all the other facts of the case.

What IEA 113A to BSA 117 Means in Practice

The same rule on presumption as to abetment of suicide by a married woman applies without any substantive change. A person in court should cite Section 117 BSA for matters governed by the BSA, and the cross-reference for the meaning of cruelty points to Section 86 in the Bharatiya Nyaya Sanhita, 2023 instead of Indian Penal Code Section 498A.

FAQs: IEA 113A to BSA 117

What changed in the Explanation between Section 113A IEA and Section 117 BSA?▼

Only the statutory reference changed. Section 113A IEA linked the meaning of cruelty to Indian Penal Code Section 498A, whereas Section 117 BSA links it to Section 86 in the Bharatiya Nyaya Sanhita, 2023, with no substantive change to the presumption rule.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·