The Supreme Court has held that only persons related to a husband by blood, marriage or adoption can be prosecuted for dowry death offences.
In a ruling, a Bench of Justices C.K. Prasad and Pinaki Chandra Ghose said under Section 304-B of the Indian Penal Code when a woman dies in circumstances other than normal within seven years of marriage, her husband or any relative of his should be deemed to have committed the offence of dowry death if it was shown that the woman was subjected to cruelty or harassment by her husband, or by any relative of her husband before her death.
“This section therefore, exposes the husband of the woman or any relative of her husband for the commission of offence of the dowry death,” the Bench said.
Justice Prasad said, “It is well settled that when the words of a statute are not defined, it has to be understood in their natural, ordinary or popular sense. The term “relative” must be assigned a meaning as is commonly understood. Ordinarily it would include father, mother, husband or wife, son, daughter, brother, sister, nephew or niece, grandson or granddaughter of an individual or the spouse of any person.”
In the present case Gurjit Kaur, wife of Paramjit Singh, died of burns within seven years of marriage. The respondent Gurmit Singh, brother of Paramjit Singh’s aunt, was also cited as an accused. Gurmit Singh argued that he was not related to the husband of the deceased in any manner and, therefore, could not be prosecuted.
While the trial court refused to discharge him, on appeal, the Punjab and Haryana High Court set aside the order summoning him as an accused. The present appeal by the Punjab government is directed against this appeal.
Dismissing the appeal, the Bench said “admittedly, the respondent is not the husband of the woman who died. He is not related to the husband of the deceased either by blood or marriage or adoption. Hence, in our opinion, the High Court did not err in passing the impugned order. We hasten to add that a person, not a relative of the husband, may not be prosecuted for offence under Section 304B but this does not mean that such a person cannot be prosecuted for any other offence viz. Section 306 IPC (abetment to suicide).”
