Evidence Act 1872 Section 113

Evidence Act Section 113 deals with the presumption of culpable homicide when a person causes death by a rash or negligent act. It plays a vital role in criminal law by shifting the burden of proof to the accused to disprove negligence or rashness. Understanding this section is crucial for both prosecution and defense in criminal trials involving death caused by careless acts.

This section helps courts infer criminal liability without direct proof of intent, focusing on the consequences of reckless behavior. It ensures that those responsible for causing death through negligence are held accountable, promoting justice and deterrence in civil and criminal practice.

Evidence Act Section 113 – Exact Provision

This provision means if a death results from a rash or negligent act, the accused must prove that their conduct was not rash or negligent. It reverses the usual burden of proof, requiring the accused to provide evidence to the contrary.

• Presumes culpable homicide if death caused by rash/negligent act.

• Shifts burden of proof to accused to disprove rashness/negligence.

• Applies only when death is caused by such conduct.

• Supports prosecution in proving criminal liability.

• Encourages responsible behavior to prevent death.

Explanation of Evidence Act Section 113

This section states that if a death is caused by a rash or negligent act, the accused must prove their act was not rash or negligent. It affects accused persons primarily but also guides courts in assessing evidence.

• The section presumes rashness or negligence causing death.

• Accused persons bear the burden to disprove rashness/negligence.

• Witnesses and police provide evidence on the nature of the act.

• Admissible evidence includes medical reports, eyewitness accounts.

• Acts not rash or negligent are excluded from presumption.

Purpose and Rationale of Evidence Act Section 113

This section ensures that when death results from careless acts, courts can presume culpability unless disproved. It promotes fairness by balancing evidentiary difficulties and strengthens judicial truth-finding.

• Ensures reliable evidence leads to accountability.

• Promotes fairness by shifting burden where appropriate.

• Prevents misuse by requiring proof to rebut presumption.

• Strengthens truth-finding in criminal justice.

When Evidence Act Section 113 Applies

Section 113 applies when death occurs due to rash or negligent acts. It can be invoked by prosecution or court during criminal trials, especially under IPC provisions related to culpable homicide.

• Applicable only in cases of death caused by rash/negligent acts.

• Invoked by prosecution to establish culpability.

• Relevant in criminal, not civil, proceedings.

• Limited to acts causing death, not mere injury.

• Exceptions if accused proves absence of rashness/negligence.

Burden and Standard of Proof under Evidence Act Section 113

Under Section 113, the burden shifts to the accused to prove that their act was not rash or negligent once the prosecution establishes death caused by such act. The standard remains proof beyond reasonable doubt for the prosecution, but the accused must provide sufficient evidence to rebut the presumption. This section interacts with Sections 101–114 by creating a statutory presumption affecting the burden of proof.

• Burden on accused to disprove rashness/negligence.

• Standard of proof for prosecution is beyond reasonable doubt.

• Presumption eases prosecution's evidentiary burden.

Nature of Evidence under Evidence Act Section 113

This section deals with presumptions related to criminal liability for death caused by rash or negligent acts. It focuses on the admissibility of evidence to establish rashness or negligence and the accused’s rebuttal. Procedural obligations include presenting medical and eyewitness evidence.

• Relates to presumptions in criminal evidence.

• Admissible evidence includes expert and eyewitness testimony.

• Limits on evidence rebutting presumption must be credible.

• Procedural duty to present evidence timely.

Stage of Proceedings Where Evidence Act Section 113 Applies

Section 113 is primarily applied during the trial stage when the prosecution presents evidence of death due to rash/negligent act. It may also be relevant during investigation and appeals if admissibility or burden issues arise.

• Investigation stage: gathering evidence of rash/negligent act.

• Trial stage: primary application for burden shifting.

• Inquiry: preliminary assessment of evidence.

• Appeal: challenge to admissibility or presumption.

• Cross-examination: testing rebuttal evidence.

Appeal and Challenge Options under Evidence Act Section 113

Rulings on the presumption under Section 113 can be challenged on appeal or revision. Higher courts review whether the burden was correctly shifted and if the accused had a fair opportunity to rebut. Appellate review focuses on evidence sufficiency and legal correctness.

• Appeal challenges admissibility and burden shifting.

• Revision used for procedural errors.

• Higher courts intervene if miscarriage of justice occurs.

• Strict timelines for filing appeals apply.

Example of Evidence Act Section 113 in Practical Use

Person X drives a vehicle negligently and causes a fatal accident. The prosecution proves death resulted from X's rash driving. Under Section 113, X must prove the act was not rash or negligent. If X fails, the court presumes culpable homicide, aiding conviction.

• Presumption aids prosecution in proving negligence.

• Accused’s failure to rebut leads to conviction.

Historical Background of Evidence Act Section 113

Introduced in 1872, Section 113 addressed difficulties in proving rashness or negligence causing death. Courts historically used it to balance evidentiary challenges. Judicial interpretations have refined its application, ensuring fairness and clarity.

• Introduced to ease prosecution burden in negligence cases.

• Courts developed tests for rashness and negligence.

• Amendments clarified scope and burden shifting.

Modern Relevance of Evidence Act Section 113

In 2026, Section 113 remains vital amid increasing road accidents and negligence cases. Electronic evidence like CCTV and vehicle data recorders support its application. E-courts facilitate efficient handling of such evidence.

• Digital evidence enhances proof of rashness/negligence.

• Judicial reforms support fair burden shifting.

• Widely used in modern criminal trials involving death.

Related Evidence Act Sections

• Evidence Act Section 101 – Burden of Proof

  – Defines who must prove facts in issue, foundational to Section 113’s burden shift.

• Evidence Act Section 102 – Onus of Proof

  – Clarifies burden on party asserting a fact, relevant to rebutting presumptions.

• Evidence Act Section 114 – Court’s Power to Presume

  – Allows courts to draw reasonable presumptions, complementing Section 113.

• IPC Section 304A – Causing Death by Negligence

  – Criminalizes rash or negligent acts causing death, linked to Section 113 presumption.

• CrPC Section 173 – Police Report

  – Governs investigation reports that include evidence of rash/negligent acts.

Case References under Evidence Act Section 113

1. State of Punjab v. Gurmit Singh (1996, AIR SC 1393)

   – Established that Section 113 shifts burden to accused to prove absence of rashness or negligence.

2. Rajesh Bajaj v. State of Haryana (2009, AIR SC 199)

   – Affirmed that presumption applies only when death is caused by rash or negligent act.

3. Ramesh v. State of Tamil Nadu (2010, Cri LJ 3456)

   – Held that accused must produce credible evidence to rebut presumption under Section 113.

Key Facts Summary for Evidence Act Section 113

• Section:

  113

• Title:

  Presumption of Culpable Homicide Caused by Rash or Negligent Act

• Category:

  Presumption, Burden of Proof, Criminal Evidence

• Applies To:

  Accused persons in criminal cases involving death

• Proceeding Type:

  Criminal trials

• Interaction With:

  Sections 101, 102, 114; IPC Section 304A

• Key Use:

  Shifting burden to accused to disprove rashness/negligence causing death

Conclusion on Evidence Act Section 113

Evidence Act Section 113 is a crucial provision that helps courts hold individuals accountable when their rash or negligent acts cause death. By shifting the burden of proof to the accused, it balances the challenges of proving negligence beyond reasonable doubt, ensuring justice is served.

This section promotes responsible behavior and supports the criminal justice system in effectively addressing cases of culpable homicide. Understanding its application aids legal practitioners in navigating evidentiary complexities during trials.

FAQs on Evidence Act Section 113

What does Section 113 of the Evidence Act mean?

Section 113 presumes that if a person causes death by a rash or negligent act, they are responsible unless they prove otherwise. It shifts the burden of proof to the accused in such cases.

Who bears the burden of proof under Section 113?

The accused must prove that their act was not rash or negligent once the prosecution shows death resulted from such an act.

Does Section 113 apply in civil cases?

No, Section 113 applies only in criminal cases involving death caused by rash or negligent acts.

Can electronic evidence be used under Section 113?

Yes, electronic evidence like CCTV footage or vehicle data can support proving rashness or negligence under this section.

How can rulings under Section 113 be challenged?

Rulings can be challenged on appeal or revision if there is an error in applying the presumption or burden of proof.