fixed period, and
that brings in the importance of a proximity test
both for the proof of an offence of dowry death as
well ... Evidence Act is present with the
idea of proximity test. No definite period has been
indicated and the expression 'soon before
accused under
Section 498A & 304B IPC (dowry death proximity test):
(56) The case of the prosecution that the marriage of Ms. Seema ... reported in 1992 Crl. L.J. 309).
(70) The importance of proximity test is both for the proof of an
offence of dowry death
five
months of her marriage.
Section 498 A IPC / Dowry Death - Proximity Test ( Section 304
B) IPC :
In order to succeed in charge under Section ... meet such a demand.
Now coming to the Dowry Death - Proximity Test.
The Indian Penal Code and the Dowry Prohibition Act are both
remedial
accused under Section 498A & 304B IPC
(dowry death proximity test):
(42) The case of the prosecution is that the accused Mahesh Kumar
Indian Evidence Act is present with the idea of proximity test and it depends
upon facts and circumstances of each case ... Section 113B of Evidence
Act is applicable with the idea of proximity test "Soon before her death" as
used under Section 304B
proximity test,
b) the locus poenitentiae test,
c) The impossibility test,
d) The social danger test, and
e) the equivocal test
1) The Proximity Test ... Supreme Court explained the offence of attempt with help of the proximity
test, saying that:
" A person commits the offence of 'attempt
sphere of s.32 to
avoid injustice. [108G-H]
(2) The test of proximity cannot be too literally
construed and practically reduced ... Procedure Code [195A-C]
Per Sabyasachi Mukharji, J. (Concurring)
Though the test of proximity cannot and should not be
two literally construed and be reduced
widen the sphere of Section 32 to avoid injustice.
(2) The test of proximity cannot be too literally
construed and practically reduced ... time limit. This
expression is pregnant with the idea of proximity test. The
term "soon before" is not synonymous with the term
fixed period, and
that brings in the importance of a proximity test both for
the proof of an offence of dowry death as well ... Evidence Act is present with the idea of proximity test.
No definite period has been indicated and the expression
'soon before
behalf (and who might also have suffered
some proximate harm) ? such as relatives, foster children, guardians, fianc
or live-in partners etc., can maintain ... proximity, which is used to achieve the balance between competing
interests...?
?The Court holds that developing a case-by-case proximity test for the
meaning
