Scope And Ambit Of Section 113 B Of Indian Evidence Act.

3036 words - 12 pages

I. INTRODUCTIONIt 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 dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."II. SCOPE AND APPLICABILITY.The presumption under Section 113-B of the Evidence Act shallbe raised only on the proof of the following essentials:(i) The question before the court must be whether the accused has committed the dowry death of a woman. This means that the presumption can be raised only if the accused is being tried for an offence under Section 304-B IPC.(ii) The woman was subjected to cruelty or harassment by the husband or his relatives.(iii) Such cruelty or harassment was for or in connection with the any demand for dowry.(iv) Such cruelty or harassment was soon before her death.Presumption under Section 113-B of the Evidence Act arises only when the ingredients of Section 304-B are satisfied. Where a case under Section 304-B IPC is not proved no presumption can be drawn under Section 113-B of the Evidence Act. When the death of a wife has occurred long after the alleged cruelty, Section 113-B of the Evidence Act has no application. For raising a presumption under Section 113-B of the Evidence Act death within seven years of marriage has to be proved. It is the duty of the prosecution to establish all the circumstances conclusively. The court has to...

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