Which of the following sets of provisions of the Bharatiya Sakshya Adhiniyam, 2023 most comprehensively…
Under the Bharatiya Sakshya Adhiniyam, 2023, once the prosecution establishes the foundational facts required by the statute, special presumptions arise against the accused…
Choose your answer
Which of the following sets of provisions of the Bharatiya Sakshya Adhiniyam, 2023 most comprehensively lists the special statutory presumptions against an accused person regarding certain offences in disturbed areas, abetment of suicide by a married woman, dowry death, and absence of consent in certain prosecutions for rape?
Answer and explanation
Correct answer B
Under the Bharatiya Sakshya Adhiniyam, 2023, once the prosecution establishes the foundational facts required by the statute, special presumptions arise against the accused under Section 115 (presumption as to certain offences in disturbed areas, formerly Section 111A IEA), Section 117 (presumption as to abetment of suicide by a married woman, formerly Section 113A IEA), Section 118 (presumption as to dowry death, formerly Section 113B IEA), and Section 120 (presumption as to absence of consent in certain prosecutions for rape, formerly Section 114A IEA). Section 116 (formerly Section 112 IEA) concerns conclusive proof of legitimacy during marriage rather than a criminal offence.
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