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Section 113A- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

113A. Presumption as to abatement of suicide by a married women –

1113A. Presumption as to abetment of suicide by a married woman.- 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.

Explanation

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).

COMMENTS

Relevant portion of section 498A of the Indian Penal Code, (45 of 1860), is reproduced below:

Explanation

For the purpose of this section, “cruelty” means

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limit or health (whether mental or physical);

or

(b) harassment of the woman where such harassment is with a view to view concerning her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

———————–

1. Ins. by Act 46 of 1983, sec. 7.

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The Indian Evidence Act, 1872

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