Presumption as to dowry death
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Summary
Where a woman was subjected by a person, soon before her death, to cruelty or harassment for or in connection with a demand for dowry, the court will presume that the person caused her dowry death. Once those facts are shown, the burden shifts to the accused to rebut that presumption by giving a plausible alternative explanation.
Example
Priya lived with her husband who repeatedly demanded money and harassed her. She died soon after an episode of severe harassment. If the prosecution proves she faced cruelty linked to a dowry demand shortly before death, the court will presume her husband caused the dowry death unless he rebuts that presumption.
Bare Act
Enacted textWhen 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 80 of the Bharatiya Nyaya Sanhita, 2023.
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