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What is Presumption as to dowry death? What is the meaning Court may presume existence of certain acts? What is Presumption as to absence of consent in certain prosecutions for rape? Section 113B, 114 and 114A of Indian Evidence Act 1872

Presumption as to dowry death, Court may presume existence of certain acts and Presumption as to absence of consent in certain prosecutions for rape are defined under section 113B, 114 and 114A of Indian Evidence Act 1872. Provisions under these sections are:

Section 113B of Evidence Act "Presumption as to dowry death"

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 had 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.

Explanation.- For the purposes of this section, "dowry death" shall have the same meaning as in section 304B of the Indian Penal Code(45 of 1860).]
 

Section 114 of Evidence Act "Court may presume existence of certain acts"

The court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

Illustrations

The Court may presume -
 


(a) That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can accounts for his possession.

(b) That an accomplice is unworthy of credit, unless he is corroborated in material particulars;

(c) That a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration.

(d) That a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence;

(e) That judicial and official acts have been regularly performed;

(f) That the common course of business has been followed in particular cases;

(g) That evidence which could be and is not produced would, if produced, be unfavorable to the person withholds it.

(h) That if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given would be unfavorable to him;

(i) That when a document creating and obligation is in the hands of the obligor, the obligation has been discharged.
But the Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it:-

As to illustration (a) –A shop- keeper has in his till a marked rupee soon after it was stolen, and cannot account for its possession specifically, but is continually receiving rupees in the course of his business;

As to illustration (b)–A person of the highest character is tried for causing a man’s death by an act of negligence in arranging certain machinery. B, person of equally goods character, who also took part in the took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself;

As to illustration (b)-A person of the highest character is tried for causing a man’s death by an act of negligence in arranging certain machinery B, person of equality goods character, who also took part in the arrangement, describes precisely what was done, and admits and explains the common carelessness of A and himself;

As to illustration (b)–A crime is committed by several persons. A, B and C, three of the criminals, are captured on the spot and kept apart from each other. Each gives an account of the crime implicating D, and the accounts corroborate each other in such a manner as to render previous concert highly improbable;

As to illustration (c) – A, the drawer of a bill of exchange, was a man of business. B, the acceptor, was young and ignorant person, completely under A’s influence;

As to illustration (d) – It is proved that a river ran in a certain course five years ago, but it is known that there have been floods since that time which might change its course.

As to illustration (e) – A judicial Act, the regularity of which is in question, was performed under exceptional circumstances;

As to illustration (f) – The question is, whether a letter was received, it is shown to have been posted, but the usual course of the post was interrupted by disturbances;

As to illustration (g) - A man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feeling and reputation of his family;

As to illustration (h) – A man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked;

As to illustration (i) – A bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it.

 

Indian Evidence Act 1872

What is Proof of good faith in transactions where one party is in relation of active confidence? What is Presumption as to certain offences? Section 111 and 111A of Indian Evidence Act 1872

Is Birth during marriage, conclusive proof of legitimacy? What is Proof of cession of territory? What is Presumption as to abetment of suicide by a married women? Section 112, 113 and 113A of Indian Evidence Act 1872

What is Presumption as to dowry death? What is the meaning Court may presume existence of certain acts? What is Presumption as to absence of consent in certain prosecutions for rape? Section 113B, 114 and 114A of Indian Evidence Act 1872

What is Estoppel? What is Estoppel of tenant; and of license of person in possession? What is Estoppel of acceptor of bill of exchange, bailee or licensee? Section 115, 116 and 117 of Indian Evidence Act 1872

Who may testify? Dumb witnesses What is Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial? Section 118, 119 and 120 of Indian Evidence Act 1872

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