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Q130 (CISF/2021) Polity & Governance › Governance, Policies & Social Justice

When the question is whether a person has committed the dowry death of a woman and it is shown that before her death she was subjected to cruelty or harassment in any connection with the demand for dowry, the presumption of dowry death under Section 113 B of the Indian Evidence Act, 1872 would be

Explanation

Section 113B of the Indian Evidence Act, 1872, provides for the presumption as to dowry death. It states that when a woman is subjected to cruelty or harassment for dowry "soon before her death," the court shall presume that the person caused the dowry death. According to Section 4 of the Act, "shall presume" denotes a rebuttable presumption of law. This means the court is bound to take the fact as proved unless the accused provides evidence to disprove it. It is distinct from "conclusive proof" (an irrebuttable presumption), where no evidence is allowed to disprove the fact. Since the accused in a dowry death case can rebut the presumption by proving their innocence, it is a presumption of law but not a non-rebuttable one. Thus, Option B is the most appropriate choice.

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