Explanation
In dowry cases, the burden of proof lies on the accused. The accused is the one who has been charged with the offense of demanding or accepting dowry. Therefore, it is the responsibility of the accused to prove their innocence in the court of law.
According to the Dowry Prohibition Act, 1961, the burden of proof lies on the person who has demanded dowry, or his/her family members, to prove that no dowry was demanded or given. In cases where the demand for dowry has been made, the burden of proof lies on the accused to show that the demand was not made or that it was made under some other circumstances which are not illegal.
It is important to note that the burden of proof is on the accused and not on the victim, prosecution or state. The victim is not required to prove that dowry was demanded or given. The prosecution's role is to present evidence in the court, and it is the court's responsibility to evaluate the evidence and make a decision based on it. The state's role is to ensure that the law is enforced and to provide support to the victim during the legal process.
