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Section 8A- The Dowry Prohibition Act, 1961

The Dowry Prohibition Act, 1961

8A. Burden of proof in certain cases –

1[8A. Burden of proof in certain cases.—Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under these sections shall be on him.]

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(i) Where no specific suggestions given to any of the prosecutions witnesses regarding plea of alibi, the plea is not maintainable; Pandurang Shivram Kawathkar v. State of Maharashtra, 2001 Cr LJ 2792.

(ii) If death of wife is within 4 years of marriage in abnormal circumstances and demand of dowry and cruelty is established, the onus to rebut the presumption of dowry death shifts to defence vide Cr. Appeal No. 431 of 1997, decided on 4-2-2004.

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1. Ins. by Act 43 of 1986, sec. 8 (w.e.f. 19-11-1986).

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The Dowry Prohibition Act, 1961

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