Section 113A Evidence Act: Presumption as to Abetment of Suicide by a Married Woman
Section 113A of the Indian Evidence Act, 1872 allowed a court to presume abetment of suicide in specified circumstances involving a married woman. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 117.
Section 113A of the Indian Evidence Act, 1872
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).
Historical note: Section 113A was inserted by the Criminal Law (Second Amendment) Act, 1983 (Act 46 of 1983), section 7. The wording above describes the former Act and is retained for legal reference.
Current provision: Section 117 of the Bharatiya Sakshya Adhiniyam, 2023
Section 117 BSA retains the rule allowing a court to presume abetment where a married woman dies by suicide within seven years of marriage and cruelty by the husband or his relative is shown. The statutory explanation refers to the meaning of cruelty under Section 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
The associated criminal provisions include Section 108 BNS (abetment of suicide) and Sections 85 and 86 BNS (cruelty by husband or his relative and the definition of cruelty). For matters governed by the older criminal law, the corresponding IPC provisions may remain relevant.
When can the court draw the presumption?
- Suicide: The death must be shown to be a suicide, not merely an unexplained or suspicious death.
- Within seven years: The suicide must have occurred within seven years from the date of marriage.
- Cruelty: There must be evidence that the husband or a relative of the husband subjected the woman to cruelty within the statutory meaning.
- All circumstances: The court considers the entire evidence before deciding whether to draw the presumption.
What does cruelty mean?
Under Section 86 BNS, cruelty includes wilful conduct of a nature likely to drive a woman to suicide or cause grave injury or danger to her life, limb or health (mental or physical). It also includes harassment intended to coerce unlawful demands for property or valuable security, or harassment because such demands have not been met.
Why does "may presume" matter?
The language is discretionary. Even when the threshold facts are established, the court assesses the circumstances; it does not automatically conclude that the husband or a relative abetted the suicide. The inference can be contested on the evidence.
Practical illustration
If a woman dies by suicide three years after marriage and reliable evidence shows repeated severe cruelty by her husband, a court may consider drawing the statutory presumption after evaluating all circumstances. By contrast, proof of the suicide and marriage date alone does not satisfy the cruelty requirement.
Abetment of suicide and dowry death are different
Section 117 BSA concerns a discretionary presumption about abetment of suicide. The separate dowry-death presumption is addressed by Section 118 BSA (corresponding to former Section 113B of the Evidence Act). Their statutory ingredients and the effect of the presumption differ. The facts must be tested against the correct provision rather than treating the two offences as interchangeable.
For the earlier provisions, see Section 113B - presumption as to dowry death and Section 114 - court may presume existence of certain facts.
Frequently asked questions
Does suicide within seven years automatically prove abetment?
No. The court must also be shown cruelty by the husband or his relative, and must consider all other circumstances. The presumption is discretionary, not automatic.
Is the seven-year period a limitation period for prosecuting abetment?
No. Seven years is a statutory condition for invoking this particular evidentiary presumption. A prosecution outside that period may still be possible if the offence is otherwise proved.
What is the difference between may presume and shall presume?
May presume permits the court to draw the inference or call for proof; shall presume directs the court to presume a fact unless disproved. Section 117 BSA uses may presume.
What does cruelty mean under this provision?
The provision refers to the statutory meaning of cruelty under the relevant criminal law, including wilful conduct likely to drive a woman to suicide or cause grave injury, and harassment linked to unlawful property demands.
Can the accused rebut the presumption?
Yes. The accused may challenge the evidence of cruelty, the causal circumstances, or the inference of abetment. The prosecution still bears its criminal-law burden and the court evaluates the entire record.
Official legal sources
Read the enacted text and check amendments on the official India Code portal. The relevant statutes are the Bharatiya Sakshya Adhiniyam, 2023 and the Bharatiya Nyaya Sanhita, 2023. The older Indian Evidence Act guide is retained for reference.
This article provides general legal information. The law applicable to a particular case depends on the dates, proceedings and transitional provisions.