Presumption as to abetment of suicide by a married woman:
A bare reading of section 113A shows that to attract the applicability of this provision, it must be shown that-
- the woman has committed suicide
- such suicide has been committed within a period of seven years from the date of her marriage
- the husband or his relatives who are charged had subjected her to cruelty
On the existence and availability of the above-said circumstances, the Court may presume that such suicide had been abetted by her husband or by such relatives of her husband. The presumption under section 113A the Indian Evidence Act is not mandatory it is only permissive as the employment of expression ‘may presume to suggest. Secondly, the existence and availability of the abovesaid three circumstances shall not like a formula enable the presumption to be drawn. Before the presumption may be drawn the court shall have regard to all the other circumstances of the case,
Presumption as to dowry Death:
Section 113B of the Evidence Act enables the Court to draw presumption in such circumstances to the effect that, 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 or in connection with any demand for dowry, such person shall be deemed to have caused the dowry death.
Section 113B permits a presumption to be drawn against the accused in regard to dowry death provided the prosecution establishes that soon before her death the woman was subjected to cruelty or harassment. The explanation to said section says that the word ‘dowry death’ shall have the same meaning as in section 304B of the Indian Penal Code which means such death should be otherwise than in normal circumstances and within 7 years of marriage.