Scope and Ambit of Section 113 B of Indian Evidence Act.

Essay by aravindm September 2005

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It is the dream of every girl that she is married to a lovable person and after marriage she will have a life with full of love and sweet memories. Quite often, this does not happen. The matrimonial home often turns to be a hell and in recent times there have been innumerable instances of married women committing suicide and they being tortured to death demanding dowry.

Dowry which is a deep-rooted social evil appears to be the cause of ever so many unfortunate death of young ladies. It is an offence brutal and barbaric. The Parliament with a view to curb this evil in the society, enacted Section 113-B in the Evidence Act and 304-B of the Indian Penal Code.

Section 113-B. Presumption as to dowry death - When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman has been subjected by such person to cruelty or harassment for, or in connection with, and demand for dowry; the court shall presume that such person had caused the dowry death.

Section 304-B. (1) 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.

Explanation - For the purposes of this sub-section, "dowry" shall have the same meaning as in S.2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(2)Whoever commits...