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Section 113B- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

113B. Presumption as to dowry death –

1113B. Presumption as to dowry death.- When the question is whether a person has committed the dowry death of a women and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry; the court shall presume that such person had caused the dowry death.

Explanation

For the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).

COMMENTS

Husband being the direct beneficiary can be inferred to have caused life of wife so miserable that she was compelled to commit suicide; Surinder Singh v. State of Punjab, 1999 (1) Crimes 4296.

Relevant portion of section 304B of the Indian Penal Code, (45 of 1860), is reproduced below:

304B. Dowry death (1) Where the death of a woman is caused by any burn or bodily injury or occurs otherwise than 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 .

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1. Ins. by Act 43 of 1986, sec. 12 (w.e.f. 19-11-1986).

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The Indian Evidence Act, 1872

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