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An accused charged under Sections 302 and 304B of the Indian Penal Code is acquitted of the offense under Section 302 of the Indian Penal Code. The pr
Question

An accused charged under Sections 302 and 304B of the Indian Penal Code is acquitted of the offense under Section 302 of the Indian Penal Code. The presumption under Section 113B of the Evidence Act is:-

A.

automatically refuted

B.

not refuted

C.

not relevant

D.

irrelevant and otiose

Correct option is B


The correct answer is (b) not refuted. The presumption under Section 113B of the Indian Evidence Act, which deals with dowry deaths, is not automatically refuted if the accused is acquitted under Section 302 IPC (murder). The presumption still stands for the offense under Section 304B IPC (dowry death), and the burden is on the accused to rebut this presumption by proving innocence.
Information Booster:
Section 113B, Indian Evidence Act: This section creates a presumption that if a woman dies under suspicious circumstances within seven years of marriage and there is evidence of cruelty or harassment related to dowry, the court shall presume that the husband or his relatives are responsible for the dowry death.
Additional Knowledge:
· Section 302 IPC: Deals with the punishment for murder, requiring proof of intentional killing.
· Section 304B IPC: Deals with dowry deaths, where the death of a woman within seven years of marriage under abnormal circumstances raises a presumption against the husband and in-laws, subject to rebuttal.

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