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The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.
But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.
For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.
The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.
Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.
Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ?
  • a)
    The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.
  • b)
    The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.
  • c)
    The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.
  • d)
    None of the above.
Correct answer is option 'B'. Can you explain this answer?
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The golden rule that runs through the web of civilised criminal juris...
Dowry death under 7 years, the reverse burden of proof lies with the accused under Section 113B of the Evidence Act if the essentials have been met.
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The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. The burden of proof is higher in intensity in which of the following situations?

The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. As per the paragraph, what is the reverse burden of proof?

The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In the case that the police found narcotics in the possession of Ram Singh, which are illegal, based on information given in the passage, who do you infer has the burden of proof as per the Narcotic Drugs and Psychotropic Substances Act?

The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part – III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such provisions. Since the reality of such rights is tested only through the judiciary, the safeguards assume even more importance. In addition, enforcement also depends upon the degree of independence of the Judiciary and the availability of relevant instruments with the executive authority. Indian Constitution, like most of Western Constitutions, lays down certain provisions to ensure the enforcement of Fundamental Rights.However, Article 32 is referred to as the “Constitutional Remedy” for enforcement of Fundamental Rights. This provision itself has been included in the Fundamental Rights and hence it cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. Under Article 32, the Supreme Court may issue a Writ against any person or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law.The relief can also not be denied on the ground that the disputed facts have to be investigated or some evidence has to be collected. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.Q. What is the tone of the author?

Directions: Read the following passage and answer the question.The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose reasonable restrictions on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled tribes.Q.The appropriate authority in a State passed an externment order against Mr. A, a citizen of India. The externment order prohibited Mr. A, from residing within the State, from the date specified in such order. The externment order was passed by virtue of powers conferred on the appropriate authority by law, and the constitutional validity of this law had been upheld by the Supreme Court of India. The externment order was passed on the ground that Mr. A was found to be frequently engaged in illegal business of narcotic drugs and was also involved in several cases of riot and criminal intimidation. In the given situation, which of the following statements is correct regarding the externment order?

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The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer?
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The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer?.
Solutions for The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. As stated in V. D. Jhingan Vs. State of Uttar Pradesh AIR 1966 SC 1762, it is also the cardinal rule of our criminal jurisprudence that the burden in the web of proof of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt.But in Veeraswamy Case [(1991) 3 SCC 655] the Constitution Bench held that “a statute placing burden on the accused cannot be regarded as unreasonable, unjust or unfair. Nor it can be regarded as contrary to Art.21 of the Constitution as contended for the appellant. The principle is applied only in the absence of statutory provision to the contrary”. As observed in State of West Bengal v. Mir Mohammad Omar and Others, [2000 (8) SCC 382] that “the pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The Concept of “reverse burden” has been adopted in many statutes like Negotiable Instruments Act, Prevention of Corruption Act, Narcotic Drugs and Psychotropic Substances Act etc. In Indian Evidence Act, Section 113A (for S.306 IPC) and Section 113B (for 304B IPC) places a reverse burden on the accused.For instance Section 113B in the Evidence Act which provides for raising a presumption as to dowry death in case of an unnatural death within seven years of marriage when it is shown that a woman was subjected to harassment for dowry soon before her death. Presumption under Section 113B of Indian Evidence Act is a presumption of law. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death.The presumption shall be raised only on proof of the following essentials (1) The question before the court must be whether the accused has committed the dowry death of a woman. (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death.Usually the prosecution has to prove beyond reasonable doubt that the accused can be charged with that certain crime. In the reverse burden of proof the question now arises whether the accused has to discharge his burden beyond reasonable doubt the answer to which lies in preponderance of probabilities where the accused does not have to go as far as proving it beyond reasonable doubt; it is lesser in degree.Q. In case A is alleged to have caused dowry death of his wife B, 5 years after their marriage, the burden of proof lies on which party if the essentials for Section 113B have been met ? a)The burden of proof in this case will lie with the prosecution and they have to prove the case beyond reasonable doubt.b)The burden of proof in this case will lie on A, the accused as under section 113 B the presumption to prove their innocence in such cases lie on the accused.c)The burden of proof in this case will lie with the prosecution because the death has occurred within 7 years of the marriage.d)None of the above.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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