direct evidence is not easy to get. That is why the
legislature has by introducing sections 113A and 113B in the
Evidence Act tried ... further change with the
introduction of section 304B in the Penal Code and section
113B in the Evidence Act by the Dowry Prohibition
(Amendment) Act
relevant for the case at hand.
Both Section 304B IPC and Section 113B of the Evidence Act were
inserted as noted earlier by the Dowry ... Explanation for the purpose of Section
498A. Substantive Section 498A IPC and presumptive Section 113B of the
Evidence Act have been inserted in the respective
relevant for the
case at hand. Both Section 304B IPC and Section 113B of the
Evidence Act were inserted as noted earlier by the Dowry ... Explanation for the purpose of Section 498A. Substantive
Section 498A IPC and presumptive Section 113B of the
Evidence Act have been inserted in the respective
Evidence Act, 1872 and Section 304B added to the Penal Code by the Amendment Act were retrospective. There was a deeming clause in Section 113B ... abundante cautela provisions of Section 304B of the Penal Code and Section 113B of Evidence Act are set out as follows :--
304-B : DOWRY DEATH
very relevant to refer to presumption under Section 113B of Evidence Act. Section 113B reads :
"Section 113B -- Presumption as to dowry death -- When ... such evidence it is not permissible to take recourse to the legal presumption envisaged in Section 113B of the Evidence Act. The rule of evidence
committed any illegality in pressing into service the provisions of Section 113B , Evidence Act in drawing presumption against the appellants. She has asserted that ... Section 2 of the Dowry Prohibition Act, 1961. By the same Amendment Act, Section 113B has also been inserted in Evidence Act . It deals with
Supreme Court after considering the provisions of Section 304-B , IPC and Section 113B of the Evidence Act held that there must be material ... death' used in the substantive Section 304-B , IPC and Section 113B of the Evidence Act is present with the idea of proximity test
purpose t'ot which Sections 498A and 304B , IPC and Section 113B of the Indian Evidence Act 1872 (for short the " Evidence Act ... death' used in the substantive Section 304B , I.P.C. and Section 113B of the Evidence Act is present with the idea of proximity
Section 304-B of IPC,
the learned Trial Court was duty bound to invoke the
14
presumption under Section 113B of the Evidence Act.
Section ... Section 113B of the Evidence Act uses the word "shall
presume". According to Section 4 of the Evidence Act,
whenever the word
used in the substantive Section 304B of the Indian Penal Code and Section 113B of the Evidence Act is present with the idea of proximity ... death' used in the substantive Section 304B , IPC and Section 113B of the Evidence Act is present with the idea of proximity test
