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In case of suicide by a married woman, the court under section 117 of the Bharatiya Sakshya Adhiniyam,…

Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 113-A of the Indian Evidence Act, 1872) permits a presumption of abetment where the wife committed…

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In case of suicide by a married woman, the court under section 117 of the Bharatiya Sakshya Adhiniyam, 2023, may presume that suicide had been abetted by her husband, if

I. Suicide was committed by the wife within a period of seven years from the date of her marriage.

II. The wife was subjected to cruelty.

III. The wife was illiterate and from a poor family.

IV. The wife was deserted by the husband.

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Answer and explanation

Correct answer D

Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 113-A of the Indian Evidence Act, 1872) permits a presumption of abetment where the wife committed suicide within seven years of marriage and the husband or his relative subjected her to cruelty. The court must also consider the other circumstances of the case, so the presumption is discretionary. Poverty, illiteracy or desertion alone are not the statutory combination specified here.

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