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1 - 10 of 16 (0.25 seconds)Section 2 in The Indian Evidence Act, 1872 [Entire Act]
Section 498A in The Indian Penal Code, 1860 [Entire Act]
The Indian Evidence Act, 1872
The Indian Penal Code, 1860
Tarsem Singh vs State Of Punjab on 12 December, 2008
20. We are of the considered view that the concept of reasonable
time is the best criteria to be applied for appreciation and
examination of such cases. This Court in Tarsem Singh v. State of
Punjab, (2008) 16 SCC 155 held that the legislative object in
providing such a radius of time by employing the words “soon before
her death” is to emphasise the idea that her death should, in all
probabilities, has been the aftermath of such cruelty or
harassment. In other words, there should be a reasonable, if not
direct, nexus between her death and the dowry-related cruelty or
harassment inflicted on her.
Yashoda And Another vs State Of Madhya Pradesh on 4 February, 2004
21. Similar view was expressed by this Court in Yashoda v. State of
M.P, (2004)3 SCC 98 where this Court stated that determination of
the period would depend on the facts and circumstances of a given
case. However, the expression would normally imply that there has
to be reasonable time gap between t he cruelty inflicted and the
death in question. If this is so, the legislature in its wisdom
would have specified any period which would attract the provisions
of this section. However, there must be existence of proximate link
between the acts of cruelty along with the demand of dowry and the
death of the victim. For want of any specific period, the concept
of reasonable period would be applicable. Thus, the cruelty,
harassment and demand of dowry should not be so ancient,
whereafter, the couple and the family members have lived happily
and that it would result in abuse of the said protection. Such
demand or harassment may not strictly and squarely fall within the
scope of these provisions unless definite evidence was led to show
to the contrary. These matters, of course, will have to be examined
on the facts and circumstances of a given case.