A court acquits an accused of murder but continues to consider a charge of dowry death under the…
Under section 118 of the Bharatiya Sakshya Adhiniyam, 2023, the court must draw the rebuttable presumption when the statutory conditions are met. An acquittal on the…
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A court acquits an accused of murder but continues to consider a charge of dowry death under the Bharatiya Nyaya Sanhita, 2023. The prosecution has established the facts that trigger the statutory presumption of dowry death. What effect does the murder acquittal alone have on that presumption?
Answer and explanation
Correct answer B
Under section 118 of the Bharatiya Sakshya Adhiniyam, 2023, the court must draw the rebuttable presumption when the statutory conditions are met. An acquittal on the separate murder charge does not by itself rebut it.
Option feedback
Option A
The murder acquittal alone does not answer the separate issue of dowry death.
Option B
The statutory presumption remains available and can be rebutted by evidence.
Option C
Section 118 directs the court to presume dowry death once its requirements are met.
Option D
The presumption can operate at trial when the statutory requirements are established.
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