Section 113A of IEA : Section 113A: Presumption As To Abetment Of Suicide By A Married Woman

Explanation using Example

Imagine a scenario where a woman named Priya, who has been married for four years, is found dead in her home from an apparent suicide. During the investigation, it is revealed that Priya had been repeatedly subjected to emotional and physical abuse by her husband, Raj. The abuse is corroborated by witness testimonies and documented evidence of injuries and mental trauma.

In court, under Section 113A of the Indian Evidence Act, 1872, the judge considers the evidence of cruelty by Raj. Since Priya's suicide occurred within seven years of her marriage, and there is evidence of Raj's abusive behavior, the court may presume that Raj abetted Priya's suicide. This presumption shifts the burden of proof to Raj, requiring him to provide evidence to the contrary if he is to avoid being convicted for abetment of suicide.