Parveen Kumar vs State Of Himachal Pradesh 2024 INSC 717 – S 113A Evidence Act – Presumption

Indian Evidence Act,1872; Section 113A [BSA 2023; Section 117]– Section 113A of the Evidence Act permits the Court to raise a presumption as to abetment of suicide, if the Suicide was committed within seven years of the marriage and if it is proved that she was subjected to the “Cruelty” as explained in Section 498A by her husband or the relative of the husband. However, for the purpose of raising the presumption by the Court under Section 113A of the Evidence Act, the basic facts as contemplated in the said provision, need to be proved by the Prosecution -Unlike Section 113B of the Evidence Act, a statutory presumption does not arise in Section 113A by operation of law merely on the proof of the circumstances enumerated in the said provision, and that Section 113A gives a discretion to the Court to raise a presumption. (Para 8-11)