Section 113B IEA: Presumption as to dowry death
Indian Evidence Act, 1872
Section 113B IEA at a Glance
Section 113B IEA deals with presumption as to dowry death. From 1 July 2024 it is replaced by Section 118 BSA.
Section 113B IEA Bare Act Text
113B. 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.
ExplanationFor the purposes of this section, “dowry death” shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).
Source: Section 113B, Indian Evidence Act, 1872
Section 113B IEA in Simple Words
Section 113B of the Indian Evidence Act, 1872 deals with proving dowry death in court. It states that a court must presume (treat as true) that an accused person caused a dowry death when specific facts are proved.
This rule applied when a court had to decide whether a person committed a dowry death. For the presumption to apply, it had to be shown that soon before dying, the woman faced cruelty or harassment from that person. That cruelty or harassment had to be for, or connected with, a dowry demand.
Once these facts were shown, the presumption was mandatory, so the court had to presume that the person caused that dowry death. Under the Explanation to Section 113B IEA, dowry death carries the meaning given in Indian Penal Code Section 304B.
When Section 113B IEA Applies
- A court is deciding whether a person committed a dowry death.
- It is shown that soon before dying, the woman was subjected by that person to cruelty or harassment.
- The cruelty or harassment was for, or connected with, a demand for dowry.
- When those facts are shown, the court must presume that the person caused that dowry death, where dowry death has the meaning in Indian Penal Code Section 304B.
Example of Section 113B IEA
Section 113B IEA in the BSA
Section 113B IEA is now covered under Section 118 BSA.
Section 113B of the Indian Evidence Act, 1872 became Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The reference to the Indian Penal Code now points to the BNS.
View detailed comparison (IEA 113B vs BSA 118) →FAQs on Section 113B IEA
What is Section 113B IEA?▼
Section 113B of the Indian Evidence Act, 1872 is a rule that requires a court to presume that a person caused a dowry death. It applied when it was shown that soon before dying, the woman was subjected by that person to cruelty or harassment connected with a dowry demand.
Is the presumption under Section 113B IEA mandatory for the court?▼
Yes. Unlike permissive presumptions, Section 113B IEA states that the court must presume that the person caused that dowry death once the required facts are shown.
When must the cruelty or harassment have taken place under Section 113B IEA?▼
Soon before the death of the woman. Section 113B IEA requires proof that the woman was subjected to cruelty or harassment connected with a dowry demand soon before dying.
What is Section 113B IEA in BSA?▼
Section 118 BSA. Section 113B IEA became Section 118 BSA with no substantive change to the presumption rule.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·