Presumption as to dowry death
AI Assist
Summary
If a woman dies and it is shown that soon before her death she was subjected by the accused to cruelty or harassment for, or in connection with, a demand for dowry, the court must presume the accused caused the dowry death. This creates a rebuttable presumption, shifting the burden to the accused to prove otherwise. 'Dowry death' has the same meaning as in the Indian Penal Code.
Example
Priya dies at her matrimonial home. Soon before her death, Arjun repeatedly beat and threatened her over dowry demands. Under this section the court will presume Arjun caused Priya's dowry death unless he can prove otherwise.
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 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.
Explanations
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).
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