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“SECTION 113 A AND 113 B INDIAN EVIDENCE ACT”

PROJECT MADE BY: SANKET KUMAR(1759)

PROJECT SUBMITTED TO: Dr. MEETA MOHINI

FINAL PROJECT SUBMITTED IN PARTIAL FULFILMENT FOR THE

COURSE LAW OF EVIDENCE FOR ATTAINING THE DEGREE B. A.
LLB (Hons.)

6th MARCH 2019

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA

NAGAR, MITHAPUR, PATNA, 800001
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DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the B.A., LL.B (Hons.) Project Report entitled
“Section 113 A and 113 B Indian Evidence Act” submitted at Chanakya National Law
University is an authentic record of my work carried out under the supervision of Dr. Meeta
Mohini. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

SIGNATURE OF CANDIDATE:

NAME OF CANDIDATE: SANKET KUMAR

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA.

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ACKNOWLEDGEMENT

I would like to thank my faculty Dr. Meeta Mohini whose guidance helped me a lot with
structuring my project.

I owe the present accomplishment of my project to my friends, who helped me immensely

with materials throughout the project and without whom I couldn‟t have completed it in the
present way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped
me out at every stage of my project.

THANK YOU,

NAME: SANKET KUMAR

COURSE: B.A., LL.B. (Hons.)

ROLL NO: 1759

SEMESTER – 4th
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TABLE OF CONTENTS

Synopsis

1. Introduction
2. Cruelty by Husband or Relatives
3. Dowry Death- Proximity Test
4. Explanation Section 304-B of Indian Penal Code, 1860
5. Dowry Death- Evidence in- Need of Close Scrutiny
6. Ill- treatment for Dowry not soon before death- Accused could not be convicted
7. Proof of Dowry Death
8. Suggestions and solutions
9. Conclusion.

BIBLIOGRAPHY
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1. INTRODUCTION

The problem of Dowry has always been persistent in India and is also rising at a rapid rate
and so is the offences related to dowry demand. Dowry demands can go on for years together.
The birth of children and a number of customary and religious ceremonies often tend to
become the occasions for dowry demands. The inability of the bride’s family to comply with
these demands often leads to the daughter-in-law being treated as a pariah and subject to
abuse. In the worst cases, wives are simply killed to make way for a new financial
transaction—that is, another marriage. The Section 304-B, IPC has been inserted by the
Dowry Prohibition Amendment Act, 1986 with a view of combating increased menace of
dowry deaths. The Supreme Court in the case of State of Himachal Pradesh v. Nikku Ram1
interestingly started off the judgment with the words ‘Dowry, dowry and dowry’. The
Supreme Court went on to explain why it has mentioned the words ‘dowry’ thrice. This is
because demand for dowry is made on three occasions:

(i) before marriage;

(ii) at the time of marriage; and

(iii) After the marriage.

The term dowry is defined in the Dowry Prohibition Act, “dowry” means any property or
valuable security given or agreed to be given either directly or indirectly-

(a) by one party to a marriage to the other party to the marriage; or

(b) by the parents of either party to a marriage or by any other person, to either party to the
marriage or to any other person;

at or before or any time after the marriage in connection with the marriage of the said parties,
but does not include dower or Mahr in the case of persons to whom the Muslim Personal Law
(Shariat) applies.

Greed being limitless, the demands become insatiable in many cases, followed by torture of
the girl leading to either suicide in some cases or murder in some. The Supreme Court has
explained in this case that though the definition of ‘dowry’ is stated as ‘property or valuable
security given or agreed to be given…’ demands made after marriage could also be a part of

1
(1995)Cri LJ 4184 (SC)
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the consideration because an implied agreement has to be read to give property or valuable
securities, even if asked after the marriage as a part of consideration for the marriage when
the Dowry Prohibition Act 1961 was enacted, the legislature was well aware of the fact that
demands for dowry are made and indeed very often even after the marriage has been
solemnized and this demand is founded on the factum of marriage alone. Such demands,
therefore, would also be in consideration for marriage.

Under S. 113-B, when the question is whether a person has committed the dowry death of a
woman, and it is shown that, soon before her death she had been subjected by that person to
cruelty or harassment in connection with any demand for dowry, the Court shall presume that
such a person had caused the dowry death.

S. 113-B raises a presumption of guilt against any person who has been proved to have
subjected the deceased woman, soon before her death, to cruelty or harassment, in connection
with dowry. Needless to state, it is a presumption intended to be raised against the husband
and his relatives in the case of dowry deaths, which have become increasingly common in
India.

Research and Methodology

Title

 Presumption as to proof Dowry Death

Problem

 To know the topic Presumption as to proof Dowry Death

Rationale

 To study the proximity test of dowry death To study the explanation Section 304-B
of Indian Penal Code, 1860
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Objective of the project

 To analyze the presumption of Dowry Death

 To study the Ill- treatment for Dowry not soon before death To study the Proof of
Dowry Death
 To study the Cruelty by Husband or Relatives for Dowry

Review of literature

 Ratanlal and Dhirajlal, The Law of Evidence The Law of Evidence by Ratanlal and
Dhirajlal, is an important book which deals with the presumption so as to proof
Dowry Death..
 Batul Lal, The Law of Evidence This book provides the knowledge about a Priority
Sectors

Source of Data

The project is limited by constrains of mine, space and financial resources. The Project, while
facing constrains, is further limited in its approach to the problem of the present project.
Audit of Accounts under Company Law is somewhat is broad topic, it requires a lot of
research work. Including articles of with leading scholars on the topic which could not be
possible since primarily sources were not available to gather information. Therefore, the main
sources of information are books, e-books, and websites. The data and information given in
this project is based on matter gathered from books and websites.

Method of Research

The method of research of the project report is based purely on the doctrinal method. This
research paper is both descriptive and analytical in approach. It is largely based on secondary
and electronic sources. Literature review has been done extensively in order to make a
comprehensive presentation. Books and other reference materials from the Guru Ghasidas
University were also helpful for the completion of this research paper.
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2. CRUELTY BY HUSBAND OR RELATIVES

Section 113A: This section deals with ‘Presumption as to abetment of suicide by a married
woman’. It reads as follows:

“When the question is whether the commission of suicide by a woman had been abetted by
her husband or any relative or her husband and it is shown that she had committed suicide
within a period of seven years from the date of her marriage and that her husband or such
relative of her husband had subjected her to cruelty, the court may presume, having regard to
all the other circumstances of the case, that such suicide had been abetted by her husband or
by such relative of her husband.”

Explanation: - For the purposes of this section, ‘cruelty’ shall have the same meaning as in
section 498-A of the Indian Penal Code (45 of 1860.” This section was introduced by the
Criminal Law (Second Amendment) Act 46 of 1983. The Indian Penal Code, the Code of
Criminal Procedure, 1973 and the Evidence Act were amended keeping in view the dowry
death problems in India.

The section requires proof that

(1) that her husband or relatives subjected her to cruelty and (2) that the married woman
committed suicide within a period of seven years from the date of her marriage.

If these facts are proved, the court ‘may’ presume. The words are not ‘shall’ presume. Such a
presumption can be drawn only after the court has taken into account all the circumstances of
the case. The inference would then be that the ‘husband or relatives’ abetted her suicide.

If there is no evidence of cruelty, the section does not apply State of Punjab vs. Iqbal Singh2.
In State of Himachal Pradesh vs. Nikku Ram3, it was held that in the absence of any evidence
to show that the diseased was being harassed within the meaning of Explanation I(b) of
section 498A IPC, the presumption under sec. 113A cannot be raised. The Supreme Court, in
State of West Bengal v. Orilal Jaiswal4 considered the question as to ‘standard of proof’. It
observed that in a criminal trial, the degree of proof is stricter than what is required in a civil
proceeding. In a criminal trial, however intriguing may be the facts and circumstances of the

2
AIR 1991 SC 1532
3
AIR 1996 SC 67
4
AIR 1994 SC 1418
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case, the charges made against may be in the realm of surmises and conjectures. The
requirement of proof beyond reasonable doubt does not stand altered even after the
introduction of sec. 498-A in the Indian Penal Code and section 113-A in the Evidence Act.

Although, the Court’s conscience must be satisfied that the accused is not held guilty when
there are reasonable doubts about the complicity of the accused in respect of the offences
alleged, it should be borne in mind that there is no absolute standard for proof in a criminal
trial and the question whether the charges made against the accused have been proved beyond
all reasonable doubt must depend upon the facts and circumstances of the cases and the
quality of evidence adduced in the case and the materials placed on record. The doubt must
be of a reasonable man and the standard adopted must be a standard adopted of a reasonable
and just man for coming to the conclusion considering the particular subject matter.

Reasonableness of the doubt must be commensurate with the nature of the offences to be
investigated. Exaggerated devotion to the rule of benefit of doubt must not nurture fanciful
doubts or lingering suspicions and thereby destroy social defence. The court should be
extremely careful in assessing evidence under sec. 113A for finding out if cruelty was meted
out. If it transpires that a victim committing suicide was hyper sensitive to ordinary
petulance, discord and differences in domestic life quite common to the society to which the
victim belonged and such petulance, discord and differences were not expected to induce a
similarly circumstanced individual in a given society to commit suicide, the conscience of the
Court would not be satisfied for holding that the accused charged of abetting the offence of
suicide was guilty.

The section has also been interpreted in Lakhjit Singh vs. State of Punjab5 and Pawan Kumar
vs. State of Haryana6 and Shanta vs. State of Haryana7

5
1994 Suppl (1) SCC 173
6
1998(3) SCC 309
7
1991(1) SCC 371
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3. DOWRY DEATH- PROXIMITY TEST

Proximity test serves as a legitimate test in determining whether it would be legitimate in the
particular facts and circumstances of case to draw a presumption of abetment of suicide under
section 113-A of the Indian Evidence Act by reason cruelty. The importance of proximity test
in the matters of presumption can also be appreciated by referring to the provision of 113-B
of the Evidence Act.

In Niharbala v. State, 1988 (11) CHN 3988, there was history of ill-treatment and cruelty
towards the wife. She was driven from the matrimonial home and was even not allowed to
take her sucking baby with herself. She could recover her child by taking recourse to law.
Later there was settlement between the husband and the wife, till she committed suicide after
one month and ten days. The question arose whether certain statement made by the deceased
wife to some of the witness concerned the acts of torture and ill treatment meted out to her
were relevant and admissible? The High Court observed that such statements have no
proximate relation to her death. Though the legislature has used the expression “shall
presume’ in section 113-B of the Indian Evidence Act instead of “may presume’ having
regard to all other circumstances of the case as in section 113-A of the act, yet even in section
113-B the proximity test has been assigned a definite role for determining whether it is a fit
case for invoking the compelling or that it was called the presumption of law as envisaged in
that section9. The expression ‘and 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,” asused in section 113-B is pregnant with the idea of proximity test. The cruelty or
harassment must have been committed soon before her death. This reflects the insignia of
proximity test.

In Chanchal Kumari v Union of India10, there were no evidence of abetment and hence the
accused was entitled of the charge under 306 I.P.C.

8
AIR 1992 SC 1817
9
Case refer- Sarad Birdhichand sarda v. state of Maharashtra, AIR 1984 SC 1622. “where death is a logical
culmination of a continuous drama, long in process and as it were final of story, the statements regarding each
step directly connected with the end of drama would be admissible because the entire statement would have to
be read as an organic role and not torn from the context.
10
AIR 1986 SC 752
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On the other hand, in the case of Paumarthy prabhakar Rao v State11, there was ample
evidence of harassment, ill treatment and Cruelty and presumption under Section 113-A has
been raised.

(a) Either of suicide to which the woman was driven by such persistent of dowry, and (b) Of
homicide.

The sixth factor deals with the nature of the act (accident, suicide, homicide). This is the most
difficult to detect.

The seventh factual component of dowry deaths relates to the locale of death. A dowry death
always takes place within the closed doors. Proof of the cause of death is an arduous task
because of the scanty available evidence. Hence legal presumption are of a great help in this
respect.

The eighth factor is concerned with the ‘reporting’ of the death. There is a scope for an
improvement. It is suggested that an obligation to report the death of the woman to the police
should be imposed in every case. The provision should be that where a married woman dies
within 5 years of her marriage as a result of burn or injuries sustained by her husband
immediately before her death, or from other cause of similar nature and her husband, on
becoming aware that his wife has so died, does not, within a reasonable time, inform the
nearest police officer or magistrate about her death, the husband shall, in the absence of
reasonable excuse, be guilty of an offence punishable with imprisonment not exceeding three
years or with fine or with both. This provision can be appropriately inserted in the Indian
Penal Code12.

11
1995 (1) Crimes 434
12
91st Law Commission Report on Dowry Deaths and Law reforms, 1983, pp.3-4.
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4. EXPLANATION SECTION 304-B OF INDIAN PENAL

CODE, 1860

Dowry death where the death of a woman is caused by any burns or bodily injury or occurs
otherwise than wise than under normal circumstances within 7 years of marriage and it shown
that soon before her death she was subjected to cruelty or harassment by her husband for or in
connection with any demand for dowry such death shall be called “dowry death” and such
husband or relative shall be deemed to have caused her death.

Explanation- For the purpose of this section ‘dowry’ shall have the same meaning as in
section 2 of Dowry Prohibition Act.

Section 113-B creates a presumption for dowry death according to this section when the
question before the court is whether the person has caused dowry death of a woman and it is
proved by evidence that soon before her death such women had been subjected by such
person to cruelty or harassment for “in connection with the demand for dowry” it shall be
presumed by the court that such persons have caused the dowry death.

Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under 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”, and such husband or relative shall be deemed to have caused her death.

To invoke Section 304B of the Indian Penal Code the following ingredients are essential:

1. The death of a woman should be caused by burns or bodily injury or otherwise than
under normal circumstances.

2. Such a death should have occurred within seven years of her marriage. 3. She must have
been subjected to cruelty or harassment by her husband or any relative of her husband. 4.
Such cruelty or harassment should be for or in connection with the demand of dowry.

5. Such cruelty or harassment is shown to have been meted out to the woman soon before her
death.

One of the important ingredients to attract the provision of dowry death is that the death of
the bride must relate to the cruelty or harassment on account of demand for dowry. It is true
 P a g e | 13

that Section 304-B does not define cruelty. However, under explanation of Section 113-B of
the Evidence Act, by which presumption of dowry can be drawn, it has been provided that
‘cruelty’ shall have the same meaning as in section 498-A of the Indian Penal Code. As per
requirement of clause (b) appended to section 498-A I.P.C. there should be a nexus between
harassment and any unlawful demand for dowry.

If these conditions are fulfilled then a presumption acts under the Indian Evidence Act and
the burden of proof shifts on the accused to prove that he is innocent.
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5. DOWRY DEATH- EVIDENCE IN- NEED OF CLOSE

SCRUTINY

In cases of Dowry death, generally the evidence will not be that of the deceased or the close
relation or friends of the deceased. Not only the events that are known to the persons
acquainted with the deceased, but the statements alleged to have been made by the deceased
about harassment or ill treatment or cruelty will also assume importance. Letters, if any, that
have been written by the deceased to her relations or friends touching the harassment or
cruelty also have got a material bearing. In each and every case, Court is to consider the
status of the parties, the conduct of the parties and the strained relations and the events that
took place from the date of the marriage till the date of the death to arrive at a conclusion
whether the demand as such as put forward by the prosecution is correct or not. There is no
presumption in law that the relatives are bound to make false statements. But such persons
although they would not protect the real culprit, still would naturally have a tendency to
exaggerate or add facts even unconsciously making it absolutely necessary for the Court to
examine their evidence with very great care and caution. - P. Bikshapati v.State of A.P.13

In absence of any evidence that wife was treated with cruelty or harassed with ddemand for
dowry during 15 days period between she came back to matrimonial home and her tragic end,
no presumption of dowry death can be raised.- Sukhdev v. State of Maharashtra14

13
1989 Cri LJ 1186 (AP): (1988) 2 Andh LT 946; 1989 APLJ (Cri) 9.
14
1997 Cri LJ 1927 (SC): AIR 1997 SC 1849: 1997 AIR SCW 1587: 1997 (34) All Cri C 548.
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6. ILL- TREATMENT FOR DOWRY NOT SOON BEFORE

DEATH- ACCUSED COULD NOT BE CONVICTED

There must be a material to show that soon before her death victim was subjected to cruelty
and harassment. There must not be the possibility of natural or accidental death. If the alleged
incident of cruelty is remote in time and has become state enough to not to disturb the mental
equilibrium of the woman concerned, it would of no consequences15.

Once it is established by the prosecution that soon before her death, the deceased was
subjected to harassment and cruelty in non-connection with demand for dowry; it will be
presumed by the court that the suicide was committed by the deceased.16

In Kans Raj v state of Punjab,17 the Supreme Court explained ‘soon before’ which occurs in
section 113-B. The Supreme Court held that the term ‘soon before’ is a relative term which is
required to be considered under specific circumstances of each case, and no straight jacket
formula can be laid down by fixing any time. This expression is pregnant with idea of
proximity bar. In relation to Dowry deaths, the circumstances showing the existence of
cruelty and harassment to be deceased are not restricted to particular instances, but normally
refer to cause of conduct. Such conduct may be spread over a period of time. If cruelty or
harassment of demand or dowry is shown to have persisted, it should be deemed to be soon
before the death, if any other intervening circumstances showing the non-existence of such
treatment are not brought on record before alleged transaction date of death. It does not
however mean that such time can be stretched to any period. The proximity and the link
between the effect of cruelty based on Dowry demand and consequential death is required to
be proved by the prosecution.

Moreover no presumption under section 113-B of Evidence Act would be drawn against
accused if it is shown that after alleged demand of dowry, cruelty and harassment the dispute
stood resolved and there was no evidence of cruelty and harassment thereafter. Mere lapse of
time would not provide itself to an accused a defence.

15
Bakshi Ram v. State of Haryana, AIR 2011 SC 691 at p.696
16
Amar Singh v state of Rajasthan, AIR 2010 SC 3391 at p. 3395.
17
AIR 2000 SC 2324
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If it has been held by the Supreme Court that the term ‘soon before’ used in the section does
not imply ‘immediately before’ as there are not synonyms. The wife died within 7 years of
marriage, evidence of harassment and demand of dowry coupled with torture was there.
Hence, it was a case of dowry death under section 113-B.18

The expression ‘soon before her death’ used in section 304-B, IPC and Section 113-B of
Evidence Act connotes the idea of Proximity test. No definite period has been indicated. It
has been left to be determined by the Courts depending upon the facts and circumstances of
each case. Normally, it would imply that the interval should not be much between the
crueklty or harassment and death in question.

18
Kailash v state of M.P., AIR 2007 SC.
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7. PROOF OF DOWRY DEATH

Where death of wife has caused due to strangulation within 7 years and dead body was found
in black mark on neck. The evidence showed that deceased was subjected to cruelty and
torture regularly due to non-fulfillment of dowry demand and also prior to her death.
Essential ingredients of dowry had been proved and presumption against accused for causing
death was available, as such, conviction of accused was proper. – Jageshwar Mahto v state of
Bihar.19

Under the traditional English legal system, in a criminal case, the jury is directed that “the
prosecution should satisfy you beyond any reasonable doubt”. It states on whom the burden
lies: on the prosecution; that the burden is a heavy one: beyond reasonable doubt; and that
‘beyond any reasonable doubt’ conveys a meaning “to ordinary jurors without any lawyers’
elaboration or without any qualification that might dilute the degree of probability of guilt
called for.”20

According to S. 113-A, Evidence Act, 1872, if the question is whether a suicide by a woman
had been abetted by her husband or his relatives and it is shown that it was committed within
a period of seven years from her marriage and that her husband or the relative had subjected
her to cruelty, the Court may presume, that such suicide had been abetted by her husband or
by the relative.21 The three essentials in such a case are-

1) The suicide had been committed within a period of 7 years and 2) Her husband or such
relative of husband had subjected her to cruelty.

Both the conditions need to be satisfied. The defence will have to prove that seven years of
the marriage have elapsed and that the wife had not been subjected to any cruelty. The
explanation to the section states that the definition of ‘cruelty’ should be derived from section
498-A of the Indian Penal Code.22

In the case of State of West Bengal v. Orilal Jaiswal & another,23 the Supreme Court stated
that though it is the duty of the prosecution to prove the guilt of the accused beyond

19
2001 Cri LJ 4589 (Jhar.)
20
The Quantum of Burden of Proof in a Criminal Trial, LJ Blom-Cooper, Modern Law Review, March 1969,
pp. 217-220
21
Section 113-A of the Evidence Act, 1872
22
S. 498-A. Cruelty
23
AIR 1994 SC 1418
 P a g e | 18

reasonable doubt, as soon as it is successfully shown that the suicide was committed within
one year and due to cruelty by the husband or any of his relative, the burden of proof shifts on
the accused to show that no such cruelty had taken place. In the recent case of Atmaram v.
State of Maharasthra, the Supreme Court stated that to draw up presumption in cases of
suicide committed by a woman within a period of seven years from the date of her marriage,
there must first be evidence to establish that such husband or the relative of her husband
committed cruelty of the nature described in clauses (a) or (b) of the Explanation to Section
498A, IPC.

Section 113-B of the Evidence Act states that presumption would be that any person who had
cruelly treated a woman in connection to any demands of dowry immediately before the
death of the woman would be presumed to have committed dowry death. The explanation to
the section states that dowry death under this section would be same as the definition of
dowry death under Section 304 B of the Indian Penal Code. The definition of ‘Dowry’ under
the Dowry Prohibition Act, 1961 must be referred to.24

24
Section 2, Dowry Prohibition Act, 1961
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8. SUGGESTIONS AND SOLUTIONS

1. Awareness : The first and foremost solution to the problem of dowry deaths is
awareness, taking into account the illiteracy rates in India most of the women who are
subject to the evil of dowry harassment are unaware of their legal rights. Thus the
most important task is to create awareness this can be achieved by setting up
awareness programmes and initiative in different sections of the society.
2. Education: This is another approach to increase awareness by educating people about
such issues and imbibing such social issues in to the curriculum of primary education.
3. Stringent Punishments and speedy trials: Imparting stringent punishments to the
people convicted of such crimes can also help to create a deterrent effect. Also,
speedy trial system also works in favour of the victim and acts as a deterrent.
4. Enforcement Mechanisms to be strengthened: We see that in the Indian scenario there
are legislations like the Dowry Prohibition Act, the Indian Penal Code and also
legislations like The Protection of Women from Domestic Violence Act are in place
but still the problem of dowry demand continues, thus it is high time that the
enforcement of these legislations should be strengthened.
 P a g e | 20

9. CONCLUSION

Dowry death are difficult to establish and hence in majority of dowry death cases, the
evidence is made available which is based upon presumption such as dying declaration,
circumstantial evidence, motive etc. At times, secondary evidences are also used by
prosecution in establishing dowry death. Presumption plays a major role in establishing the
caes against the accused. Presumptions are scattered under different sections of the Indian
Evidences Act. They are defined, to be an inference, affirmative or disaffirmative of the truth
or falsehood of doubtful fact or proposition, drawn by the process of probable reasoning from
something proved or taken for granted.

Section 113-A and 113-B has also been especially incorporated by the legislative to establish
dowry death and suicide in relation to dowry. Dying declaration stands upon the same footing
as another piece of evidence and has to be judged in the light of surrounding circumstances
dying declaration should be of such a nature as to inspire full confidence of the court in its
correctness.

Through the legislature has used the expression ‘shall presume’ in section 113-B of the
Indian Evidence Act, yet even in section 113-B the proximity test has been assigned a
definite role.

The ‘Burden of proof’ plays an important role. The initial burden, in case of dowry death lies
on the prosecution. One dowry death is established burden shifts on the accused to discharge
that he has not committed the offence. But till the burden of proof is not shifted as a whole on
the accused person, presumptions will not be able to play major role.
 P a g e | 21

BIBLIOGRAPHY

Books referred: -

1. Ratanlal and Dhirajlal, The Law of Evidence, Lexis Nexis, (Wadhwa and Company
law publishers, Nagpur, 2002).
2. Batul Lal, The Law of Evidence, (Central Law Agency, Allahabad, 1999)
3. Ursekar, H.S., Monir Law of Evidence, (The University Book Agency, Allahabad,
1991)
4. Paras Diwan, Law Relating to Dowry Death, Bride Burning Rape and Related
offences, (Universal Law Publishing Co. Pvt. Ltd., Delhi, 2002).

Websites referred: -

1. http://modelgovernance.com/burden-of-proof-dowry-death/

2. http://infochangeindia.org/women/judicial-interventions-and-women/dowry-deaths-
anddying-declarations.html

3. http://www.shareyouressays.com/119152/presumption-as-to-dowry-deaths-under-
section113-b-of-indian-evidence-act

4. http://www.legalserviceindia.com/articles/pre_mat.htm

5. http://lawcommissionofindia.nic.in/reports/185threport-partiiib.pdf

6. www.hanumant.com/LOE-Unit11-BurdenOfProof.html