Pre-requisites for triggering the statutory presumption under Section 113-B of the Indian Evidence Act

mandate that the presumption against an accused regarding the causation of a dowry death does not arise automatically upon proof of an unnatural death within seven years of marriage. The prosecution bears the initial, non-negotiable burden of demonstrating through reliable evidence that the deceased was subjected to cruelty or harassment soon before her death in connection with a dowry demand. Only upon the successful establishment of this foundational fact does the burden shift to the accused to rebut the statutory presumption, meaning that in the absence of primary proof of cruelty proximate to death, the presumption under Section 113-B cannot be lawfully invoked by the courts. (Munni Devi Vs State of Uttar Pradesh | 2026 INSC 136).