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Showing posts with label S 113B of Evidence Act. Show all posts
Showing posts with label S 113B of Evidence Act. Show all posts
Thursday, 28 May 2026

Supreme Court: What are parameters for grant of bail in the cases of dowry death?

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 The impugned order has led to travesty of justice. It was expected of the High Court to consider the bail application keeping in mind:- (i)...
Tuesday, 28 April 2026

What is basic concept of Dowry death as per provisions of IPC?

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 Dowry death is defined in Section 304B IPC . It applies when a woman dies by burns, bodily injury, or otherwise than under normal circumsta...
Wednesday, 25 June 2025

Supreme Court Acquits Husband in Dowry Death Case: Holds Prosecution Failed to Prove Cruelty or Harassment “Soon Before Death,” Presumption Under Section 113-B Evidence Act Not Applicable Due to Contradictory Testimonies

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In the cross-examination, PW-7 stated that police had recorded his statements on 3rd April 1998 and 7th April 1998, which were marked as exh...
Tuesday, 24 June 2025

What are essential ingredients of offence of dowry death?

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 The essential ingredients of dowry death under Indian criminal law remain consistent between the Indian Penal Code (IPC) and the Bharatiya ...
Sunday, 26 January 2025

What is distinction between Section 113A and Section 113B of Evidence Act?

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It is relevant to note that Under Section 113B, the Court shall presume dowry death unlike Section 113A where the provision says that Court ...

Supreme Court: Whether the court must draw presumption under S 113A of Evidence Act if there is no cogent evidence as regards cruelty & harassment

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The law as regards the abetment of suicide punishable Under Sections 306 of the Indian Penal Code is now well settled. It appears that the C...
Tuesday, 4 August 2020

Whether court can convict accused of an offence U/S 304B of IPC if he was charged only under S 302 of IPC?

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Be that as it may. The question raised before us is whether in a case where prosecution failed to prove the charge under Section 302 IPC, ...
Tuesday, 30 June 2020

Delhi HC: Parameters for grant of bail to accused prosecuted for Dowry death

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The facts show that the deceased passed away just under two years of marriage. The presumption in law under Section 113B of the IEA would ...
Saturday, 5 January 2019

When unnatural death of married woman would not amount to dowry death?

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 In  Pushpender Singh  v.  State , Criminal Appeal No. 160/2015, (2015) SCC OnLine Del 12748, decided by a division bench (of which I was...
Saturday, 11 February 2017

Whether offence of dowry death is made out if offence U/S 498A of IPC is not made out?

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The last ingredient is based upon the commission of offence under Section 498A IPC and while committing the offence under Section 498A I...