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
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
charge under Section 302 , IPC co-exist with the charge under Section 304B , IPC?
(3) Can Section 113B of the Indian Evidence Act be attracted ... Section 113B is always to be confined to the cases covered by Section 304B IPC. For ready reference Section 113B of the Evidence Act should
case at hand. Both Sections 304B I.P.C. And Section 113B of the Evidence Act were inserted, as noted earlier, in view ... death' used in the substantive Section 304B I.P.C. and Section 113B of the Evidence Act is to be examined with the idea
same Act i.e. Act 43 of 1986 by Section 12 thereof Section 113B has been inserted in the Indian Evidence Act, 1972 with effect ... held that Section 113A of the Evidence Act relates to offences under Section 498A I.P.C. and Section 113B of the Evidence Act relates
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 ... 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
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 ... such evidence it is not permissible to take recourse to legal presumption as envisaged in Section 113B of the Evidence Act. It is thus evident
light of essential ingredients of section 304B of Indian Penal Code and section 113B of Indian Evidence Act..."
Section 113B of Evidence Act, lays ... order to lead evidence in rebuttal of presumption which can be drawn against him under Section 113B of the Evidence Act.
32. The appellant when
relevant for the case at
hand. Both Section 304B IPC and Section 113B of the Evidence Act were
inserted by the Dowry Prohibition (Amendment ... Explanation for the purpose of Section 498A. Substantive
Section 498A , IPC and presumptive Section 113A 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 Dowry Prohibition ... death" used in the substantive Section 304B IPC
and Section 113B of the Evidence Act is present,
SC No. 57439
