Which one of the following pairs of Section and Clause with regard to

Which one of the following pairs of Section and Clause with regard to the Indian Evidence Act, 1872 is not correctly matched ?

[amp_mcq option1=”Section 113 A : Presumption as to abetment of suicide by a married woman” option2=”Section 114 A : Presumption of Rape” option3=”Section 112 : Presumption of legitimacy of child” option4=”Section 114 : Presumption of general exceptions under IPC” correct=”option4″]

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UPSC CISF-AC-EXE – 2021

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The correct answer is D) Section 114 : Presumption of general exceptions under IPC.

Section 114 of the Indian Evidence Act, 1872 allows the Court to presume the existence of certain facts, illustrated by common experience (e.g., a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen). It does not deal with presumptions regarding general exceptions under the Indian Penal Code (IPC), such as the presumption of innocence or the burden of proving exceptions like self-defence or unsoundness of mind, which are often governed by the general principles of criminal law and specific provisions where applicable.

The other options are correctly matched:
A) Section 113A deals with the presumption as to abetment of suicide by a married woman.
B) Section 114A deals with the presumption as to absence of consent in certain prosecutions for rape.
C) Section 112 deals with the presumption of legitimacy of a child born during lawful wedlock.

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