Law · Bharatiya Sakshya Adhiniyam, 2023
Which statement is true regarding the burden of proof in cases of presumed dowry death under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023?
- 1The court can only rule on the direct evidence presented without drawing any statutory presumptions
- 2The presumption shifts the burden of proof to the accused to demonstrate that the person was not subjected to cruelty or harassment✓
- 3The accused must prove that they did not cause the death by showing an absolute alibi
- 4The burden of proof remains entirely on the prosecution to prove guilt beyond a reasonable doubt without statutory aid
Correct answer
The presumption shifts the burden of proof to the accused to demonstrate that the person was not subjected to cruelty or harassment
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