For the court to consider the discretionary presumption of abetment of a married woman's suicide under…
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 113A of the Indian Evidence Act, 1872) requires suicide within seven years of marriage and statutory…
Choose your answer
For the court to consider the discretionary presumption of abetment of a married woman's suicide under section 117 of the Bharatiya Sakshya Adhiniyam, 2023, which of the following threshold facts must be shown, subject also to consideration of all other circumstances?
Answer and explanation
Correct answer C
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 113A of the Indian Evidence Act, 1872) requires suicide within seven years of marriage and statutory cruelty (as defined in section 86 of the Bharatiya Nyaya Sanhita, 2023) by the husband or the relative concerned. Both threshold facts are necessary, and the court must still consider all other circumstances before exercising the discretionary presumption.
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