What is the 113b Evidence Act?
Asked by: Ms. Meghan Ebert Jr. | Last update: February 12, 2026Score: 4.6/5 (42 votes)
The 113B Evidence Act refers to Section 113B of the Indian Evidence Act, 1872, which creates a mandatory legal presumption of guilt in cases of "dowry death". If it's proven that a woman faced cruelty or harassment for dowry demands by her husband or relatives shortly before her death, the court shall (must) presume they caused the death; this is a crucial legal tool to combat dowry-related deaths, shifting the burden of proof to the accused.
What is the 113-B Evidence Act?
113-B.
- 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.
What is the difference between 113A and 113B?
section 113B deals with dowry death under section 304-B, while section 113A deals with 'abetment of suicide'. We do not think that section 113-B should use the words 'may presume' or 'having regard to all the circumstances of the case'.
What is the 133 of Evidence Act?
Description. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
What is the presumption of death under BSA?
Presumption of death under Section 111:
Section 111 of the Indian Evidence Act establishes a legal presumption that if a person has not been heard of for seven years by those who would naturally have heard of them, they are presumed to be dead.
conjointly reading section 113A and 113B of Indian evidence act with section 304B of IPC
What is the best evidence rule in BSA?
This undergirding principle of evidentiary law is called the Best Evidence Rule, also referred to as the original writing rule. The foundation of the Best Evidence Rule is that the original writing, recording or photograph is the 'best' way to prove the actual content of the evidence.
How many years until presumed dead?
Articles 390 and 391 of the Civil Code express the general rule regarding presumptions of death for any civil purpose, to wit: “Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.
Who is the accomplice under BSA?
An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
What counts as strong evidence?
Scientific evidence varies in quality. High quality or strong evidence is that for which the change in scientists' belief in the truth of the claim is large, weak evidence is that for which the change is small.
What is the burden of proof under this Act?
California Code, Evidence Code - EVID § 115
“Burden of proof” means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
What is conclusive proof?
In short, conclusive proof is concrete and proved by itself with facts proven associated with it. The Court shall presume or Court may presume on the existence of a certain fact. But inconclusive proof, the court or any prudent man shall believe the existence of certain facts as true.
What is an example of rebuttable presumption?
In litigation, a rebuttable presumption is an assumption of fact or law (or an assumption of mixed fact and law) made by a court based on the evidence before it. For example: A presumption of fact may be made that a person who receives goods shortly after they have been stolen is aware of the theft.
What is Section 113A of the Evidence Act?
Inserted by the Criminal Law Amendment Act, 1983, Section 113A of the Indian Evidence Act, 1872 (IEA) deals with the presumption of suicide by married woman. This provision is the legislative reflection of societal concern at the increasing menace of atrocities on married women.
What is the rule 47 evidence?
Once both sides have exchanged their core evidence in a trademark opposition, the opponent has one final opportunity to respond—this is called reply evidence under Rule 47 of the Trade Marks Rules, 2017. This stage allows the opponent to counter the applicant's claims just before heading into the hearing.
What is the 69 Evidence Act?
"69. If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person."
What is the section for presumption?
Section 114 authorises the Court to make certain presumptions of facts, without the help of any artificial rules of law. Such presumptions of facts are always rebuttable (i.e., can be disproved by a contrary fact).
What are the signs of a weak case?
In that case, it's crucial to consult with a skilled criminal defense lawyer in California to evaluate your options and determine the best course of action.
- Lack of Evidence. ...
- Conflicting Evidence. ...
- Inadmissible Evidence. ...
- Excludable Evidence. ...
- Unreliable Witnesses. ...
- Lack of Motive or Opportunity. ...
- Errors in the Criminal Complaint.
What is the most powerful evidence?
The most powerful type of evidence, direct evidence, needs no inference. The evidence itself is the proof. This includes the testimony of a witness who saw an incident or the confession of the perpetrator. Written forms of proof, such as letters or wills, are considered documentary evidence.
What are the 4 types of evidence?
The four main types of evidence, especially in legal and academic contexts, are Testimonial (spoken/written statements), Documentary (written records), Physical/Real (tangible items), and Demonstrative (visual aids like charts/diagrams). Other categorizations exist, like evidence for arguments (anecdotal, descriptive, correlational, causal) or textual evidence (quoting, paraphrasing).
Under what circumstances can the competency of a witness be challenged?
Every person is competent to testify unless that he is not able to understand the questions put to him or to give rational answer to them. The disqualifying factors may be that he is too young a child, or too old a man or is suffering from disease of mind or of body.
Who cannot be called a witness?
Unavailability of Witness: The witness must be dead, cannot be found, is incapable of giving evidence, is kept out of the way by the adverse party, or their attendance cannot be procured without unreasonable delay or expense.
Can the Court presume that an accomplice is unworthy of credit unless he is corroborated in material particulars?
At the same time the presumption available under section 114 of the Evidence Act is of significance. It says that the Court may presume that an accomplice is unworthy of credit unless he is corroborated in "material particulars".
What is the 40 day rule after death?
The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
What are the presumptive signs of death?
Presumptive signs include: i. Unresponsive, no respirations/pulse ii. Pupils fixed and dilated iii. Body temperature indicates hypothermia: skin is cold relative to the patient's baseline skin temperature iv.