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Report No. 273

Chapter IV

Amendments to The Indian Evidence Act, 1872

14. Insertion of new section 114B.

In the Indian Evidence Act, 1872, after section 114A, the following section shall be inserted, namely:

Shift of burden of proof.

"114-B. (1) In a prosecution of a police officer for an offence constituted by an act alleged to have caused death or bodily injury to a person, if there is evidence that the death or injury was caused during a period when that person was in the custody of the police, the court may presume that the death or injury was caused by the police officer having custody of that person during that period.

(2) The court, in deciding whether or not it should draw a presumption under sub-section (1), shall have regard to all the relevant circumstances including, in particular,

(a) the period of custody,

(b) any statement made by the victim as to how the injuries were received, being a statement admissible in evidence,

(c) the evidence of any medical practitioner who might have examined the victim, and

(d) evidence of any magistrate who might have recorded the victim's statement or attempted to record it."

Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back

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