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Section 113B of the Indian Evidence Act, 1872/ Section 118 Bharatiya Sakshya Adhiniyam inserted in the year 1986, deals with which one of the followin
Question

Section 113B of the Indian Evidence Act, 1872/ Section 118 Bharatiya Sakshya Adhiniyam inserted in the year 1986, deals with which one of the following?

A.

Presumption as to criminal conspiracy

B.

Presumption as to dowry death

C.

Presumption as to abetment of suicide by a married woman

D.

Presumption as to absence of consent in certain prosecutions for rape

Correct option is B

The correct option is (b) Presumption as to dowry death.

Explanation

Section 113B was inserted into the Indian Evidence Act, 1872 (now Section 118 of the Bharatiya Sakshya Adhiniyam, 2023) to address the growing menace of dowry-related fatalities. This section creates a rebuttable presumption of law against the accused.

  • The Rule: If it is shown that soon before her death, a woman was subjected to cruelty or harassment by any person in connection with a demand for dowry, the Court shall presume that such person caused the "dowry death."
  • Connection with Substantive Law: This section works in tandem with Section 304B of the IPC (now Section 80 of the Bharatiya Nyaya Sanhita, 2023), which defines the offence of dowry death.
  • Shifting of Burden: Unlike general criminal law where the prosecution must prove guilt beyond reasonable doubt, here, once the "initial facts" (cruelty soon before death) are proven, the burden of proof shifts to the accused to prove they are innocent.

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