113 IEA

 Statue

1. 113A IEA
2. 113B IEA

Important Points

1. 113A 
1. Suicide u/s 306, 107 IPC 
2. Discretion of court to presume that husband has abetted suicide of wife
1. if wife died <7y of date of marriage
2. she has been subjected to cruelty 
3. Presumption u/s 113A can be drawn, however burden of proof of showing such offence has been committed is on prosecution.

Case Law

1. Hans Raj Vs State of Haryana (2004) 12 SCC 257
1. 113A IEA and Section 306, 107, 498A IPC unlike 113B of IEA, a statutory presumption does not arise by operation of law merely on the proof of circumstances enumerated u/s 113A
2. Prosecution has to first establish
1. Woman concerned committed suicide within < 7y of marriage
2. Husband has subjected her to cruelty
3. Even if above 2 facts are established the court is NOT bound to presume the suicide has been abetted by her husband.
2. Pinakin Mahipatray Rawal Vs State of Gujarat ( 2013) 10 SCC 48
1. Though presumption u/s 113A can be drawn, the burden of proof of showing that such offence has been committed by accused u/s 498A is on the prosecution.