Fri. Nov 22nd, 2024

Production and Effect of Evidence

Chapter VII

Of the Burden of Proof

Section 113A – Presumption as to abatement 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 has 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 other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

Explanation – For the purpose of this section, “cruelty” shall have the same meaning as in section 498A of the Indian Penal Code (45 of 1960).

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