Scribd Logo
Upload

Welcome to Scribd!

  • Presumption As To Dowry Death

    Uploaded by

    malikanisarkar
    35 views2 pages
    Section 113B of the Indian Evidence Act deals with the presumption of dowry death as defined in Section 304B of the Indian Penal Code. This presumption was added to provide speedy justice in cases of dowry deaths. The court shall presume that the accused caused the dowry death if it is proven that the woman was subjected to cruelty or harassment in relation to a dowry demand soon before her death. For the presumption to apply, the essential conditions are that the question before the court is of dowry death, the woman faced cruelty/harassment for a dowry demand within seven years of marriage, and this occurred soon before her death. The presumption is mandatory based on use of the word "shall" in Section

    Original Description:

    Original Title

    Presumption as to Dowry Death

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Section 113B of the Indian Evidence Act deals with the presumption of dowry death as defined in Section 304B of the Indian Penal Code. This presumption was added to provide speedy justice in cases of dowry deaths. The court shall presume that the accused caused the dowry death if it is proven that the woman was subjected to cruelty or harassment in relation to a dowry demand soon before her death. For the presumption to apply, the essential conditions are that the question before the court is of dowry death, the woman faced cruelty/harassment for a dowry demand within seven years of marriage, and this occurred soon before her death. The presumption is mandatory based on use of the word "shall" in Section

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    35 views2 pages

    Presumption As To Dowry Death

    Uploaded by

    malikanisarkar
    Section 113B of the Indian Evidence Act deals with the presumption of dowry death as defined in Section 304B of the Indian Penal Code. This presumption was added to provide speedy justice in cases of dowry deaths. The court shall presume that the accused caused the dowry death if it is proven that the woman was subjected to cruelty or harassment in relation to a dowry demand soon before her death. For the presumption to apply, the essential conditions are that the question before the court is of dowry death, the woman faced cruelty/harassment for a dowry demand within seven years of marriage, and this occurred soon before her death. The presumption is mandatory based on use of the word "shall" in Section

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 2

    Presumption as to Dowry Death | 27 Dec 2023

    Introduction

    Section 113 B of the Indian Evidence Act,1872 (IEA) deals with the presumption as to dowry
    death which is defined in Section 304 B of the Indian Penal Code, 1860 (IPC). This section
    was added by the Dowry Prohibition (Amendment) Act, 1986 in order to provide speedy justice
    in case of dowry deaths.

    Dowry

    Dowry is defined under Section 2 of the Dowry Prohibition Act, 1961 as any property or
    valuable security given to one party of a marriage by the other.
    This property can be given before, during or after the marriage.
    This act also states that dowry here is not Dower or Mahr as defined under the Muslim
    Personal Laws.

    Dowry death

    Section 304B of IPC deals with dowry death.


    It states that where the death of a woman is caused by any burns or bodily injury or
    occurs otherwise than under normal circumstances within seven years of her marriage
    and it is shown that soon before her death she was subjected to cruelty or harassment by
    her husband or any relative of her husband for, or in connection with, any demand for
    dowry, such death shall be called dowry death and such husband or relative shall be
    deemed to have caused her death.

    Presumption as to Dowry Death

    Whenever there is a question of dowry death and if it is proven that the woman has been
    subjected to cruelty or harassment soon before her death in relation to any demand of
    dowry. The court shall presume that such person had caused the dowry death under
    Section 304B of IPC.
    In such cases, the prosecution has to prove that dowry death has occurred, and then
    the burden of proof shifts on the accused to prove his innocence.

    Essentials Condition to Draw the Presumption as to Dowry death

    The presumption of dowry death will be raised only on the proof of the following
    essentials.
    The question before the court must be whether the accused has committed dowry
    death.
    The woman was subjected to cruelty or harassment by her husband or his
    relatives.
    Such cruelty or harassment was for or in connection with any demand for dowry.
    Such cruelty or harassment was soon before her death.
    It should have occurred during the first seven years of her marriage.

    Nature of Presumption
    Section 113B of IEA uses the word shall and not may and so it is a presumption of law.
    It becomes obligatory on the court to raise a presumption that the accused caused the
    dowry death.

    Case Laws

    In Shanti v. State of Haryana (1990), the Supreme Court decided that Sections 304B and
    498A are not mutually exclusive. The Court has ruled that in order to convict someone
    accused of causing dowry death, the prosecution must present evidence proving that
    the dowry demand was accompanied by acts of harassment and cruelty.
    In Satbir Singh & Ors. v. the State of Haryana (2021), the Supreme Court held that the
    phrase ‘soon before’ as used in Section 304B cannot be understood to mean ‘exactly
    before’, the judgement stated.

    You might also like