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1 - 10 of 14 (0.33 seconds)The Indian Evidence Act, 1872
Section 498A in The Indian Penal Code, 1860 [Entire Act]
S.S.Chheena vs Vijay Kumar Mahajan & Anr on 12 August, 2010
30. That the intention of the legislature is that in order to convict a
person under Section 306 IPC, there has to be a clear mens rea to
commit an offence and that there ought to be an active or direct act
leading the deceased to commit suicide, being left with no option,
had been propounded by this Court in S.S. Chheena vs. Vijay
Kumar Mahajan (2010) 12 SCC 190.
Pinakin Mahipatray Rawal vs State Of Gujarat on 9 September, 2013
In Pinakin Mahipatray Rawal vs. State of Gujarat (2013) 10
SCC 48, this Court, with reference to Section 113A of the Indian
Evidence Act, 1872, while observing that the criminal law
amendment bringing forth this provision was necessitated to meet
the social challenge of saving the married woman from being
ill-treated or forcing to commit suicide by the husband or his
relatives demanding dowry, it was underlined that the burden of
proving the preconditions permitting the presumption as ingrained
therein, squarely and singularly lay on the prosecution. That the
prosecution as well has to establish beyond reasonable doubt that
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the deceased had committed suicide on being abetted by the person
charged under Section 306 IPC, was emphasised.