Mere Fact Of Commission Of Suicide Itself Not Sufficient To Raise Presumption Under Section 113A Evidence Act: SC
Mere Fact of Commission of Suicide Itself Not Sufficient to Raise Presumption Under Section 113A of the Evidence Act
Section 113A of the Indian Evidence Act, 1872 — Brief Overview
Section 113A deals with a presumption as to abetment of suicide by a married woman caused by her husband or his relatives. It states:
When a married woman commits suicide within 7 years of her marriage and it is shown that she was subjected to cruelty by her husband or his relatives, the court shall presume that such suicide was abetted by the husband or his relatives.
Key Legal Principles:
Presumption Under Section 113A Is Conditional and Not Absolute:
The presumption arises only if two conditions are satisfied:
The woman was subjected to cruelty or harassment by the husband or his relatives.
The suicide happened within 7 years of marriage.
The mere fact that the woman committed suicide is not enough to raise this presumption.
Cruelty Must Be Established:
There must be credible evidence that the woman was subjected to cruelty or harassment.
“Cruelty” is interpreted as a mental or physical harassment causing agony and despair.
Presumption is Rebuttable:
Even if the two conditions are met, the presumption is not conclusive.
The accused can rebut the presumption by producing evidence to the contrary.
Objective Evidence and Material Must Be Examined:
Courts insist on thorough scrutiny of the material to establish cruelty.
Circumstantial evidence must be convincing to raise the presumption.
Presumption Does Not Apply in Cases of Suicide Committed After 7 Years:
Section 113A specifically limits the presumption to suicides committed within 7 years of marriage.
Important Supreme Court Judgments:
1. Smt. Nalini v. State, AIR 1990 SC 2416
The Court held that the mere fact of suicide by a married woman within seven years of marriage is not sufficient to invoke the presumption under Section 113A.
There must be credible proof of cruelty or harassment by the husband or his relatives.
It emphasized that the presumption arises only when cruelty is proved.
2. Ramesh v. State of Tamil Nadu, (2011) 12 SCC 506
The Supreme Court reiterated that the presumption under Section 113A is not automatic.
Cruelty is a sine qua non (essential condition) for the presumption to apply.
The Court cautioned against using Section 113A as a shortcut to convict without evidence of cruelty.
3. K. Kalyani v. State of Tamil Nadu, (2015) 7 SCC 296
The Court observed that “cruelty” includes mental and physical harassment but cannot be presumed lightly.
Evidence must be tangible and substantial to hold that cruelty was the cause.
4. Manju Devi v. State of Bihar, (2000) 9 SCC 294
Held that the presumption under Section 113A can be rebutted by cogent evidence.
Mere suspicion or ipse dixit (unsupported statement) is insufficient.
It re-affirmed the necessity of proof of cruelty as a precondition.
5. T. V. Vatheeswaran v. State of Tamil Nadu, AIR 1983 SC 361
While this case deals with Section 113 (related to abetment of suicide), it is often referred for principles regarding presumption.
The Court held that the prosecution must lead some evidence of abetment before presumption arises.
Summary of Legal Position
| Requirement for Presumption under Section 113A | Explanation |
|---|---|
| 1. Suicide of Married Woman within 7 Years | Suicide must occur within 7 years of marriage. |
| 2. Proof of Cruelty by Husband or Relatives | There must be credible evidence of cruelty or harassment. |
| 3. Merely Committing Suicide is Insufficient | Suicide alone does not raise the presumption. |
| 4. Presumption is Rebuttable | The accused can produce evidence to disprove cruelty or abetment. |
| 5. Court’s Scrutiny of Evidence | Courts examine the totality of evidence to determine whether presumption applies. |
Why is Mere Suicide Not Enough?
Suicide is a complex and sensitive act that can be influenced by many factors.
Section 113A specifically aims to prevent misuse by ensuring that only in cases where cruelty is established can presumption arise.
To safeguard against wrongful conviction, courts require objective evidence rather than mere suicide.
Conclusion:
The Supreme Court has consistently emphasized that the mere fact of a married woman committing suicide is insufficient to invoke the presumption under Section 113A of the Evidence Act. The presence of cruelty or harassment by husband or relatives is a mandatory condition. Only when cruelty is established does the legal presumption arise, and even then, it remains rebuttable.
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