Indian Evidence Act, 1872

Section 113B

Presumption as to dowry death

⚡ Quick Answer Reference: Section 113B IEA

Provision: Section 113B of IEA
Act: Indian Evidence Act, 1872
Classification: evidence
Jurisdiction: India
Summary: This section presumes a person caused a dowry death if they subjected the woman to cruelty or harassment for dowry demands before her death.

Statutory Content

What does Section 113B of IEA say?

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.

Indian StandardSection 113B, Indian Evidence Act, 1872

Bluebook (21st ed.)Indian Evidence Act, 1872, § 113B (India)

Court Pleading StandardSection 113B of the Indian Evidence Act, 1872

Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/113b

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

<iframe src="https://nyaya.cloud/api/widget/section?act=indian-evidence-act-1872&sec=113b" width="100%" height="250" style="border:none; border-radius:8px;"></iframe>

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 113B of IEA mean?

Plain English Explanation

This section presumes a person caused a dowry death if they subjected the woman to cruelty or harassment for dowry demands before her death.

Practical Interpretation

In practice, this section helps courts infer a person's guilt in dowry death cases by establishing a link between cruelty or harassment and the death.

Core Legal Purpose

The core purpose is to facilitate convictions in dowry death cases by creating a presumption of guilt based on prior cruelty or harassment.

Key Legal Elements

•The woman must have been subjected to cruelty or harassment.
•The cruelty or harassment must be connected to a demand for dowry.
•The incident must have occurred soon before her death.
•The court must establish a link between the cruelty or harassment and the death.

Practical Example

Practical Example of Section 113B IEA

For example, if Rajesh consistently harassed his wife, Priya, for more dowry and she died under suspicious circumstances shortly after, the court may presume Rajesh caused her dowry death.

Common Questions (FAQ)

Frequently Asked Questions about Section 113B IEA

Q: What is the punishment or consequence under Section 113B of IEA?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to individuals who may have subjected a woman to cruelty or harassment for dowry demands.

Q: Is an offence under this section bailable or cognizable?

This section does not specify the bailability or cognizability of the offence, as it is a procedural provision.

Common Questions about Section 113B IEA

What is Section 113B of IEA?

Section 113B of the Indian Evidence Act, 1872 (IEA) defines and regulates "Presumption as to dowry death". In plain terms: This section presumes a person caused a dowry death if they subjected the woman to cruelty or harassment for dowry demands before her death.

What are the elements of Section 113B of IEA?

The essential elements of Section 113B of IEA are: The woman must have been subjected to cruelty or harassment.; The cruelty or harassment must be connected to a demand for dowry.; The incident must have occurred soon before her death..

Landmark Case Laws