A person cannot be treated as a relative for prosecuting him in a dowry death case unless he is related to the husband by "blood, marriage or adoption", the Supreme Court has held.
The apex court, however, made it clear this does not mean that he/she cannot be tried for any other offence like abetment of suicide.
"We have no manner of doubt that the word 'relative of the husband' in Section 304B (dowry death) of the IPC would mean such persons, who are related by blood, marriage or adoption," a bench of justices C K Prasad and P C Ghose said.
The court passed the order while deciding the appeal filed by Punjab Government challenging the Punjab and Haryana High Court's decision of setting aside the summons issued against a man as an accused in a dowry death case.
The man was summoned as an accused in the case by the trial court which had held that he was a relative of the husband of the deceased woman and was also involved in the offence.
However, the apex court said the man, who was the brother of aunt of the victim's husband, does not fall in the definition of relative of husband under the statute.
The bench noted that Section 304B of the IPC gives an impression that "when a woman dies by any burns or bodily injury or otherwise than under normal circumstances within seven years of the marriage, her husband or any relative of her husband shall be deemed to have committed the offence of dowry death if it is shown that soon before the death the woman was subjected to cruelty or harassment by her husband, or by any relative of her husband".
This section, therefore, exposes the husband of the woman or any relative of her husband for the commission of offence of the dowry death, it noted.
The apex court upheld the high court order and said,"When we apply this principle the respondent herein is not related to the husband of the deceased either by blood or marriage or adoption."
Article referred: http://timesofindia.indiatimes.com/india/Relative-of-husband-must-be-by-blood-marriage-or-adoption-SC/articleshow/37743171.cms?intenttarget=no&utm_source=TOI_AShow_OBWidget&utm_medium=Int_Ref&utm_campaign=TOI_AShow
The apex court, however, made it clear this does not mean that he/she cannot be tried for any other offence like abetment of suicide.
"We have no manner of doubt that the word 'relative of the husband' in Section 304B (dowry death) of the IPC would mean such persons, who are related by blood, marriage or adoption," a bench of justices C K Prasad and P C Ghose said.
The court passed the order while deciding the appeal filed by Punjab Government challenging the Punjab and Haryana High Court's decision of setting aside the summons issued against a man as an accused in a dowry death case.
The man was summoned as an accused in the case by the trial court which had held that he was a relative of the husband of the deceased woman and was also involved in the offence.
However, the apex court said the man, who was the brother of aunt of the victim's husband, does not fall in the definition of relative of husband under the statute.
The bench noted that Section 304B of the IPC gives an impression that "when a woman dies by any burns or bodily injury or otherwise than under normal circumstances within seven years of the marriage, her husband or any relative of her husband shall be deemed to have committed the offence of dowry death if it is shown that soon before the death the woman was subjected to cruelty or harassment by her husband, or by any relative of her husband".
This section, therefore, exposes the husband of the woman or any relative of her husband for the commission of offence of the dowry death, it noted.
The apex court upheld the high court order and said,"When we apply this principle the respondent herein is not related to the husband of the deceased either by blood or marriage or adoption."
Article referred: http://timesofindia.indiatimes.com/india/Relative-of-husband-must-be-by-blood-marriage-or-adoption-SC/articleshow/37743171.cms?intenttarget=no&utm_source=TOI_AShow_OBWidget&utm_medium=Int_Ref&utm_campaign=TOI_AShow
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