The law as regards the abetment of suicide punishable Under Sections 306 of the Indian Penal Code is now well settled. It appears that the Courts below laid much emphasis on Section 113B of the Evidence Act, 1872 (for short, "the Evidence Act"). Sections 113A {S 117 of BSA} & 113B of the Evidence Act {S 118 of BSA} talks about presumption. Sections 113A {S 117 of BSA} and 113B {S 118 of BSA}respectively read thus:{Para 12}
113A. {S 117 of BSA} 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).
113B.{S 118 of BSA} Presumption as to dowry death.- When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.
Explanation.- For the purposes of this section, "dowry death" shall have the same meaning as in Section 304B of the Indian Penal Code (45 of 1860).
13. It is relevant to note that Under Section 113B {S 118 of BSA}, the Court shall presume dowry death unlike Section 113A {S 117 of BSA} where the provision says that Court may presume abetment of suicide. This is the vital difference between the two provisions which raises presumption as regards abetment of suicide. When the Courts below want to apply Section 113A of the Evidence Act, the condition precedent is that there has to be first some cogent evidence as regards cruelty & harassment. In the absence of any cogent evidence as regards harassment or abetment in any form like aiding or instigating, the court cannot straightway invoke Section 113A and presume that the Accused abetted the commission of suicide.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1408 of 2015
Decided On: 09.01.2025
Ram Pyarey Vs. The State of Uttar Pradesh
Hon'ble Judges/Coram:
J.B. Pardiwala and R. Mahadevan, JJ.
Citation: 2025 INSC 71,MANU/SC/0074/2025.
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