Document Fragment View

Matching Fragments

Vide said Amending Act, Section. 174, 176 and 198A of the Criminal Procedure Code were amended or added as the case may be besides amendment of the First Schedule of the Code of Criminal Procedure. Corresponding amendment was also made in the Indian Evidence Act in the shape of inserting Section 113A after Section 113 raising a presumption as to abetment of suicide by a married woman. The provisions of Section 113A read as under :-

113A. Presumption as to abetment of suicide by a married woman When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

13. Thus, there is no escape but to conclude that the legislature has tried to amend I the law in order to curb the vice of cruelty to the married woman by their husband or the relatives of her husband which may culminate in suicide by or murder of the helpless woman concerned. It can be safely said that this amendment of the criminal law and the rule of procedure was necessitated to meet the social challenge to save the married women from being ill-treated or forced to commit suicide by the husband or relatives of the husband generally in order to coerce her to fetch more dowry or on her refusal to do so kill herself keeping in view that the maltreatment of a married woman is usually confined within the four-walls of her matrimonial home which in most of the cases are located far away from the home of her parents and there is no likelihood of availability of any evidence. The legislature in its wisdom has rightly enacted Section 113A raising a presumption against the husband or the relatives of the husband for the abetment of suicide by a married woman within a period of seven years of her marriage if she has been treated with cruelty by her husband or such a relation in order to coerce her to fetch more dowry or on her refusal to do so. Thus, it cannot be said by any stretch of imagination that Section 498A or Section 113A has introduced invidious classification qua the treatment of a married woman by her husband or relatives of her husband vis-a-vis the other offenders. On the other hand, such women form a class apart than the one which married more than seven years earlier to the Commission of such offence because with the passage of time after marriage and birth of children there are remote chances of treating a married woman with cruelty by her husband or his relatives. Thus, the classification is reasonable and has close nexus with the object sought to be achieved i.e. eradiction of the evil of dowry in the Indian social set up and to ensure that the married women live with dignity at their matrimonial home.

17. The word "intentionally aids" figuring in clause Thirdly of Section 107 of the Indian Penal Code is wide enough to conclude that treating a married woman with cruelty would certainly fall within its ambit. The Legislature in its wisdom by inserting the provisions of Section 113A of the Indian Evidence Act had further clarified the import of definition of abetment of suicide by a married woman in view of social challenges of the present times as already discussed in the earlier part of the judgment. Thus, it cannot be said by any stretch of imagination that the provisions of Section 113A are contradictory to the one contained in Section 107 of the Indian Penal Code. On the other hand, these can be said to be supplementary to the above-deferred provisions under the general law.

28. There is no force in the contention of Mr. Gaur that awarding punishment to the accused for an offence under Sections 498A, 306 or 304B of the Indian Penal Code would be offensive to the mandate of Article 20(2) of, the Constitution as all these provisions create specific offences although cruelty or harassment of the wife is one of the essential ingredients thereof. Provisions of Section 113A of the Indian Evidence Act clearly provide that presumption of abetment to. suicide by a wife against her husband or his relative shall be available only if she is subjected to cruelty by the husband or his relations whereas in Section 113B of the Indian Evidence Act pertaining to presumption of dowry death; it is clearly provided that such cruelty or harassment should be soon before the unnatural death by a married woman. The provisions of Section 113A would be attracted in those cases where the married woman is subject to cruelty by her husband or relatives of her husband. The cruelty defined in Explanation (a) to Section 498A of Penal Code is wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental of physical. The second limb of cruelty includes harassment of the woman with a view to forcing her or any person related to her to meet any unlawful demand for any property or valuable security etc. Thus, the provisions of Section 4 Of the Dowry Prohibition Act make the demand of dowry punishable.