THE PROOF AND PRACTICE U/SEC. 498-A IPC
Where any person is an accused for taking or abetting the taking of dowry or the demanding dowry, the onus of proving that he has not committed an offence shall be on him. (One of the principles of the Indian Criminal Law is that a person is innocent until proven guilty and the onus of proving the guilt is on the complainant / prosecutor. This onus has been shifted in certain specific offences such as Dowry, Rape, etc.).
Although the Legislature has introduced sec. 113-A and 113-B in the Indian Evidence Act that in certain cases of death of a married woman, the Court will presume the certain amount of culpability on the part of the accused husband and his relatives yet it is a well founded principle of law that all good presumptions of fact are rebuttable. So far as the proof and practice U/Sec. 498-A IPC is concerned the requirement of the “Proof beyond reasonable doubt” has not been diluted, which is one of the basic principles of the Indian Criminal Jurisprudence.