All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
86.

"Presumptions as to Dowry Deaths" is given under which Section?

A: 113A
B: 113B
C: 114A
D: 1148

The answer is: B

Explanation

The correct option is B: 113B.

This is the section that deals with the presumption as to dowry death in the Indian Evidence Act, 1872. According to this section, 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, any demand for dowry, the court shall presume that such person had caused the dowry death.

This section also defines dowry death as having the same meaning as in section 304B of the Indian Penal Code, which is the death of a woman within seven years of her marriage due to burn or any other bodily injury and had occurred under abnormal conditions. This section was added by the Dowry Prohibition (Amendment) Act, 1986 to provide speedy justice in cases of dowry deaths and protect women from such torture.