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Which of the following is, not correctly matched?
Question

Which of the following is, not correctly matched?

A.

Presumption as to document thirty years old - Section 90

B.

Burden of proving that person is alive who has not been heard of for seven years- Section 108

C.

Dumb Witnesses - Section 119

D.

Presumption as to dowry death- Section 113-A

Correct option is D


The correct answer is (d) Presumption as to dowry death - Section 113-A, because Section 113-A of the Indian Evidence Act, 1872, deals with the presumption regarding abetment of suicide by a married woman, not dowry death. The presumption relating to dowry death is covered under Section 113-B of the Indian Evidence Act.
Explanation:
(a) Presumption as to document thirty years old - Section 90
This is correctly matched. Section 90 deals with the presumption that if a document is more than 30 years old and is produced from proper custody, it is assumed to be genuine without requiring proof of its execution.
(b) Burden of proving that a person is alive who has not been heard of for seven years - Section 108
This is correctly matched. Section 108 deals with the burden of proof in cases where a person has not been heard of for seven years. The presumption is that the person is dead, unless evidence is provided to show that they are alive.
(c) Dumb Witnesses - Section 119
This is correctly matched. Section 119 provides that a witness who is unable to speak may give evidence by writing or signs in open court, and such evidence is treated as oral evidence.
(d) Presumption as to dowry death - Section 113-A
This is incorrectly matched. Section 113-A presumes that if a married woman commits suicide within seven years of her marriage and it is shown that her husband or his relatives subjected her to cruelty, the court may presume abetment of suicide. The presumption regarding dowry death is found in Section 113-B, which specifically addresses the situation where a woman dies of unnatural circumstances within seven years of marriage due to harassment or cruelty for dowry.
Information Booster:
· Section 113-A: Presumption as to abetment of suicide by a married woman.
· Section 113-B: Presumption regarding dowry death, where the burden shifts to the husband and his relatives if the woman dies within seven years of marriage due to dowry-related cruelty or harassment.

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