Presumption as to abetment of suicide by a married woman has been provided in:
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 allows the court to presume abetment by the husband or his relative where the woman died by suicide within seven years…
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Presumption as to abetment of suicide by a married woman has been provided in:
Answer and explanation
Correct answer B
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 allows the court to presume abetment by the husband or his relative where the woman died by suicide within seven years of marriage and that person subjected her to cruelty. The court considers all other circumstances. The Explanation adopts the definition of cruelty in Section 86 of the Bharatiya Nyaya Sanhita, 2023. The corresponding provision was Section 113A of the Indian Evidence Act, 1872.
Option feedback
Option A
Incorrect. Section 115 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 111A of the Indian Evidence Act, 1872) deals with the presumption as to certain offences committed in disturbed areas.
Option B
Correct. Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 113A of the Indian Evidence Act, 1872) provides for the permissive ('may presume') presumption as to abetment of suicide by a married woman within seven years of marriage where her husband or his relative subjected her to cruelty.
Option C
Incorrect. Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 113B of the Indian Evidence Act, 1872) deals with the mandatory ('shall presume') presumption as to dowry death.
Option D
Incorrect. Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 113 of the Indian Evidence Act, 1872) deals with proof of cession of territory.
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