Which one of the following sections of the Indian Evidence Act, 1872 has been inserted by the Dowry Prohibition (Amendment) Act, 1986

Solution (By Examveda Team)

Dowry Prohibition (Amendment) Act, 1986: This amendment was introduced to curb the increasing instances of dowry-related offenses, particularly dowry deaths. It added specific provisions in the Indian Evidence Act, 1872, to strengthen the legal framework against such crimes.

Correct Answer: Option C - Section 113B

Section 113B of the Indian Evidence Act, 1872: This section was inserted by the Dowry Prohibition (Amendment) Act, 1986. It deals with the presumption as to dowry death.

According to Section 113B:
If a woman dies due to burns or bodily injury, or in any other unnatural circumstances, within seven years of her marriage, and it is shown that she was subjected to cruelty or harassment in connection with a demand for dowry shortly before her death, the court shall presume that her husband or his relatives caused the dowry death.

This provision shifts the burden of proof onto the accused, meaning the husband or relatives must prove their innocence if such circumstances exist.

Explanation of Other Options:

Option A: Section 111A - This section deals with the presumption as to certain offenses, including abetment of suicide and terrorist activities. It is unrelated to dowry death.

Option B: Section 113A - This section presumes abetment of suicide if a married woman commits suicide within seven years of marriage due to cruelty by her husband or in-laws. Although related to women’s rights, it is distinct from dowry death.

Option D: None of the above - This is incorrect as Section 113B was specifically inserted by the Dowry Prohibition (Amendment) Act, 1986.

Thus, Section 113B plays a crucial role in combating dowry-related deaths by strengthening the evidentiary presumption against the accused.