Court : Guwahati
Reported in : II(2001)DMC479
..... a conjoint reading of provisions of section 304b of the indian penal code and section 113b of the indian evidence act would go to show that the scheme introduced to combat the evil of dowry death by the amendment introduced by the dowry prohibition (amendment) act, 1986, is that whenever there is an unnatural death of a woman within seven years of her marriage and there is a proof of cruelty or harassment of the woman by her husband or any relative of her husband for or in connection with any demand ..... section 113b has also been introduced in the indian evidence act, 1872 by the dowry prohibition (amendment) act, 1985. ..... the raising of such a legal provision has also been made permissible under the provisions of the indian evidence act by insertion of section 113b to the said act. ..... ' section 304b was inserted in the indian penal code by the dowry prohibition (amendment) act, 1986. ..... in other words, once the ingredients necessary to attract section 304b of the indian penal code are present the presumption permitted to be drawn by section 113b of the evidence act automatically come into force and will be acted by the court subject to, of course, any rebuttal evidence that may be adduced by the defence. ..... whether the injuries were homicidal or suicidal and whether there is any positive evidence to link any of the injuries to any particular act on the part of the accused, is totally irrelevant to sustain the change under section 304b of the indian penal code. mr. .....
Tag this Judgment!Court : Mumbai
..... the concept of cruelty has been in existence in matrimonial law, but such a concept was introduced into criminal law for the first time by the criminal law (second amendment) act, 1983 and by the dowry prohibition (amendment) act, 1986, by inserting certain sections in the indian penal code and the indian evidence act and by making consequential amendments to the code. ..... by dowry prohibition (amendment) act, 1986, section 304b was inserted in the indian penal code and section 113b of the indian evidence act. ..... section 498a of the indian penal code and section 113a of the indian evidence act were inserted by the criminal law (second amendment) act, 1983 and the relevant provisions came in force w.e.f. ..... element involved in the concept of cruelty needed to be reduced to the minimum, by defining the said term and therefore, the term `cruelty' has been defined in the explanation appended to section 498a of the indian penal code, which reads as under: explanation - for the purpose of this section, "cruelty" means - (a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical ..... though under the matrimonial statutes, the necessity of defining the term `cruelty' was not felt, when it was made an offence punishable under section 498a of the indian penal code, the term `cruelty' could not be left to be undefined for obvious reasons. .....
Tag this Judgment!Court : Delhi
..... both section 304-b indian penal code and section 113-b of the evidence act were inserted by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of ..... we may also note that the presumption under section 113-b of the indian evidence act has been enacted to check the menace of the dowry deaths and in appreciating the evidence, the social background of the legislation cannot ..... presumption can easily be drawn under section 113b of the indian evidence act against the appellant. ..... "soon before her death" used in section 304b indian penal code and section 113b of the evidence act is present with the idea of proximity test ..... "soon before her death" used in the substantive section 304-b indian penal code and section 113-b of the evidence act is present with the idea of proximity test. ..... "soon before" is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. ..... as per the definition of "dowry death" in section 304-b indian penal code and the wording in the presumptive section 113-b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been "soon before her death" subjected to cruelty or harassment "for or in connection with the demand ..... a conjoint reading of section 113-b of the evidence act and section 304-b indian penal code shows that there must be material to show that soon before her death the victim was subjected to cruelty .....
Tag this Judgment!Court : Delhi
..... both section 304-b indian penal code and section 113-b of the evidence act were inserted by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of ..... we may also note that the presumption under section 113-b of the indian evidence act has been enacted to check the menace of the dowry deaths and in appreciating the evidence, the social background of the legislation cannot ..... presumption can easily be drawn under section 113b of the indian evidence act against the appellant. ..... "soon before her death" used in section 304b indian penal code and section 113b of the evidence act is present with the idea of proximity test ..... "soon before her death" used in the substantive section 304-b indian penal code and section 113-b of the evidence act is present with the idea of proximity test. ..... "soon before" is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. ..... as per the definition of "dowry death" in section 304-b indian penal code and the wording in the presumptive section 113-b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been "soon before her death" subjected to cruelty or harassment "for or in connection with the demand ..... a conjoint reading of section 113-b of the evidence act and section 304-b indian penal code shows that there must be material to show that soon before her death the victim was subjected to cruelty .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom437; (1959)61BOMLR591; 1959CriLJ1153; ILR1959Bom1088
..... section (2b) of section 337, which was inserted in the first instance by section 5 of the criminal law amendment act, 1952, and subsequently by section 59(b) of the code of criminal procedure (amendment) act xxvi of 1955, and that sub-section (2b) runs as follows:'(2b) in every case where the offence is punishable under section 161 or section 165 or section 165a of the indian penal code (act xlv of 1860) or sub-section (2) of section 5 of the prevention of corruption act, 1947 (ii of 1947), and where a person has accepted a tender of pardon and has been examined under sub-section ..... section (2) of section 8 of the criminal law amendment act, a special judge is empowered to tender a pardon to a person supposed to have been directly or indirectly concerned in, or privy to, an offence, with a view to obtaining the evidence ..... an order of the magistrate of the first class, unless he has reasons to believe that, on account of the delay involved in obtaining the order of a magistrate of the first class any valuable evidence relating to such offence is likely to be destroyed or concealed; and further in every case where he makes such investigation without such an order, the police officer concerned, has to send a report ..... rule 203, at page 178, deals with the submission of final reports and provides that when there is no sufficient evidence to justify the forwarding of the accused to a magistrate, the police station officer or the investigating officer will release the accused person on bail .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1925All737
..... ' even if therefore the commissioners, in view of section 3 of the indian evidence act and section 6 of act xxxix of 1920 and their powers to hold an enquiry, take evidence and record a finding, are taken to be a 'court', it does not, follow that they necessarily are a 'civil revenue or criminal court. ..... the definitions of words and expressions in section 3 of the evidence act, unlike those in the general clauses act, are exclusively for the purposes of the indian evidence act. ..... 585 as well as on section 3 of the indian evidence act which defines a 'court' (not civil court) as including all judges and magistrates and all persons, except arbitrators, legally authorised to take evidence.8. ..... it is noteworthy that by section 47 of the code of criminal procedure amendment act (no. ..... a registrar or sub-registrar,' implies that registrar or sub-registrar would be a court unless specially excepted from the definition, if it were permissible to refer to the report of the committee which was responsible for the draft of the amending act, it would seem that they imagined the amendment to be a mere drafting amendment involving no alteration of substance. ..... it is no doubt true that section 195 uses the word 'court' without the qualifying words ' civil, revenue, or criminal, which occur in section 476, but in this respect the amending act merely retains the language of act v of 1898, and under the former act the two expressions were equivalent in their scope. .....
Tag this Judgment!Court : Delhi
Reported in : 35(1988)DLT34; 1988(15)DRJ19
..... the earlier section enabled the accused to make use of the said statement to impeach the credit of a witness in the manner provided by indian evidence act, 1872, the amended section of 1923 enabled the accused to use it to contradict the witness in the manner prescribed by section 145. ..... been reduced into writing as aloresaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872), and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his ..... '(16) under the evidence act, 1872, the previous statement of the witness can be used to contradict the witness, (section 145), to impeach his credit (section 155) and to corroborate his testimony (section 157). ..... ' cases (1) where information is received as to the commission of a cognizable offence (section 154), (ii) where information is received as to the commission of a non-cognizable offence (section 155) and (iii) where information is received that a person has committed suicide or has been killed by another or by an animal or machinery or by accident or has died under circumstances raising a suspicion that an offence has been committed. .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)1CALLT307(HC)
..... section 113a was inserted in the evidence act with effect from 25.12.83 by criminal law (second amendment) act, 1983. ..... in this respect, as indicated above, the indian evidence act, in view of the peculiar conditions of our society and the diverse nature and character of our people, has thought it necessary to widen the sphere of section 32 to avoid injustice. ..... the prosecution is relieved of the onus to prove the ingredients of abetment to suicide beyond reasonable doubt under the amended law, in case of a suicide by a married woman within 7 years of marriage, mere proof of cruelty within the meaning of section 498a, indian penal code which was also simultaneously inserted, to a married woman by the husband or any relative of the husband would entitle the prosecution to the presumption that such suicide had been abetted by her husband or by such ..... of the indian evidence act can be pressed into service in this case. ..... that in the present case the appellants could not be legally convicted of the charge under section 306 of the indian penal code on the basis of the authority he has quoted, i may add that one of the basic principles of the criminal jurisprudence is that a person can only be convicted for his act if that act can be found to be an offence on the basis of the evidence adduced considered in the light of the laws, both substantive and procedural, prevalent at the time .....
Tag this Judgment!Court : Chennai
..... section 91 of the indian evidence act would directly be on the point that no variation could be called upon to be read in a registered document except in view of the grounds set out under section 92 of the indian evidence act. ..... "(ii) section 91 of the indian evidence act:91.evidence of terms of contracts, grants and other dispositions of property reduced to form of document. ..... (b) the original lease deed (ex.r1) was a registered one for thirty years and if at all there is any extension, then it should be by way of a supplementary registered deed in view of section 91 of the indian evidence act. ..... . in the decision cited supra which emerged anterior to the incorporation of section 30(iii) of the act by virtue of the amendment act, 1973 the courts were confronted with the fact as to whether the lease contemplated before such amendment should taken as a composite lease or an ordinary lease coming with the protective umbrage of the unamended act ..... . scarcely could it be stated that the statutory period of three months for completion of new building is not extendable and in view of the precedent reported in 2002 (9) scc 437 [[ammaiyappa transport v ..... ."and the precedent reported in (2002) 4 scc 437 [r.v.e.venkatachala gounder v ..... . p.t.ravichandran and others](8) (2002) 9 scc 437 [ammaiyappa transport v ..... . ganapathy chettiar](5) 2002 (9) scc 437 [ammaiyappa transport v ..... . mohamed sultan]a mere reading of those decisions and more specifically the precedents reported in (2002)3 m.l.j.130(s.c .....
Tag this Judgment!Court : Karnataka
..... , introduction of supplementary statutory provisions such as, sections 22-a, 47-a, 65-a, 65-b, 67-a, 73-a, 81-a, 85-a, 85-b, 85-c, 88-a and 90-a to the indian evidence act, 1872, by introduction of such legislative provisions through amending act no.21 of 2000 with effect from 17.10.2000; insofar as recording of evidence before the courts is concerned, it is chapter-iv relating to recording of oral evidence as provided under sections 59 and 60 of chapter-v, receipt of documentary evidence in terms of sections 61 to 90-a to be found in chapter-v, regulate the manner of receipt of evidence and the mode and manner of examination of witnesses is again regulated by chapter-x of the indian evidence act, 1872, particularly as under section 137 providing for the method ..... that the provisions of rule 4 which govern all situations should prevail over the provisions of rule 5 and more so for the reason that whereas the provisions of rule 5 or order xviii cpc were introduced by way of an amendment to cpc in the year 1976, the present form of rule 4 or order xviii cpc is in terms of an amendment of cpc by amendment act no 46 of 1999 and section 12 of the act 22 of 2002 with effect from 1-7-2002 and therefore this should prevail. 4. .....
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