Indian Evidence Act, 1872
IEA Section 113A in BSA
Presumption as to abetment of suicide by a married woman. Section 113A of the Indian Evidence Act, 1872 (Presumption as to abetment of suicide by a married woman) corresponds to Section 117 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
The presumption as to abetment of suicide by a married woman within seven years of marriage is under:
Answer & explanation
Section 117 BSA
BSA Section 117 corresponds to IEA Section 113A. This is a discretionary presumption ('may presume'), unlike the mandatory presumption for dowry death.
Statement: Section 119 BSA presumes abetment of suicide by a married woman within seven years of marriage where cruelty is shown. Conclusion I: The presumption is mandatory once the foundational facts are proved. Conclusion II: The presumption arises only where the death occurred in the matrimonial home. Which is correct?
Answer & explanation
Only Conclusion I follows
The provision uses 'may presume' for abetment of suicide, and the place of death is not a condition. Conclusion I states the operation once the court elects to presume.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 107 | Burden of proving death of person known to have been alive within thirty years | 110 |
| 108 | Burden of proving that person is alive who has not been heard of for seven years | 111 |
| 111A | Presumption as to certain offences | 116 |
| 113B | Presumption as to dowry death | 118 |
| 114 | Court may presume existence of certain facts | 119 |
| 114A | Presumption as to absence of consent in certain prosecutions for rape | 120 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table