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

Indian Evidence Act, 1872

Section 113A IEA at a Glance

Section 113A IEA deals with presumption as to abetment of suicide by a married woman. From 1 July 2024 it is replaced by Section 117 BSA.

Now BSA

Section 117 →

Section 113A IEA Bare Act Text

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).

Source: Section 113A, Indian Evidence Act, 1872

Section 113A IEA in Simple Words

Section 113A of the Indian Evidence Act, 1872 applies when a married woman dies by suicide. It lets a court presume (treat as true) that the husband or a relative of the husband abetted (encouraged or aided) the suicide.

This rule applied when the court had to decide whether the husband or a relative abetted the suicide. To trigger the rule, it had to be shown that the suicide happened within seven years of the marriage date. It also had to be shown that the husband or that relative subjected the woman to cruelty.

Under Section 113A IEA, cruelty carries the meaning given in Indian Penal Code Section 498A. The law states that the court may presume abetment, so the presumption is not mandatory. The court decides after looking at all the other facts of the case.

When Section 113A IEA Applies

  • A court is deciding whether the husband of a married woman, or a relative of the husband, abetted the suicide of the woman.
  • It is shown that the woman died by suicide within seven years from the date of the marriage.
  • 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.
  • 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.

Example of Section 113A IEA

In 2021 in Jaipur, a court is deciding whether a husband named Ramesh abetted the suicide of Anita. The evidence shows that Anita died by suicide within seven years from the date of the marriage. It is also shown that Ramesh had subjected the wife to cruelty as defined in Indian Penal Code Section 498A. Under Section 113A IEA, the court may presume, after considering all the other facts of the case, that Ramesh abetted the suicide of Anita.

Section 113A IEA in the BSA

Section 113A IEA is now covered under Section 117 BSA.

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.

View detailed comparison (IEA 113A vs BSA 117) →

FAQs on Section 113A IEA

What is Section 113A IEA?▼

Section 113A of the Indian Evidence Act, 1872 is a provision that lets a court presume abetment of suicide of a married woman by the husband or a relative of the husband. It applied when the woman died by suicide within seven years of the marriage and had been subjected to cruelty by the husband or that relative.

Is the court required to presume abetment under Section 113A IEA in every such case?▼

No. Section 113A IEA states that the court may presume abetment, which makes the presumption permissive rather than mandatory. The court decides after considering all the other facts of the case.

Does Section 113A IEA apply to a relative of the husband as well as the husband?▼

Yes. Section 113A IEA covers both the husband of the woman and any relative of the husband if that person subjected the woman to cruelty and the suicide occurred within seven years of the marriage.

What is Section 113A IEA in BSA?▼

Section 117 BSA. Section 113A IEA became Section 117 BSA with no substantive change to the presumption rule.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·