Whether relative of husband” in Section 304 B of IPC would mean such persons, who are related by blood, marriage or adoption?
The expression “relative” has not been defined
in the IPC. The provision with which we are
concerned is a penal provision which deserves
strict construction. 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. For this purpose,
it shall be permissible to refer to
dictionaries to find out the general sense in
which the word is understood in common
parlance. In Ramanatha Aiyar’s, Advance Law
Lexicon (Vol.4, 3rd Edn.), the word relative
means any person related by blood, marriage or
adoption. A large number of dictionaries give
this word relative, in context, same meaning.
It is relevant here to state that the
expression “relative of the husband” has been
used in Section 498-A of the I.P.C. While
interpreting the said expression, this Court
in the case of U. Suvetha vs. State by
Inspector of Police and Anr.(2009) 6 SCC 787
held it to mean a person related by blood,
marriage or adoption. Relevant portion of the
judgment reads as follows:
“10. In the absence of any
statutory definition, 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. The
meaning of the word “relative”
would depend upon the nature of
the statute. It principally
includes a person related by
blood, marriage or adoption.”
The expression relative of the husband
further came up for consideration in the case of
Vijeta Gajra vs. State of NCT of Delhi (2010)11
SCC 618 and while approving the decision of this
Court in U. Suvetha (Supra), it was held that
the word relative would be limited only to the
blood relations or the relations by marriage.
It is appropriate to reproduce the following
passage from the said judgment:
“12. Relying on the dictionary
meaning of the word “relative” and
further relying on Ramanatha
Aiyar’s, Advance Law Lexicon
(Vol.4, 3rd Edn.), the Court went
on to hold that Section 498-A IPC
being a penal provision would
deserve strict construction and
unless a contextual meaning is
required to be given to the
statute, the said statute has to
be construed strictly. On that
behalf the Court relied on the
judgment in T. Ashok Pai vs. CIT
(2007) 7 SCC 162. A reference was
made to the decision in Shivcharan
Lal Verma vs. State of M.P. (2007)
15 SCC 369. After quoting from
various decisions of this Court,
it was held that reference to the
word “relative” in Section 498-A
IPC would be limited only to the
blood relations or the relations
by marriage.”
It is well known rule of construction
that when the Legislature uses same words in
different part of the statute, the presumption
is that those words have been used in the same
sense, unless displaced by the context. We do
not find anything in context to deviate from
the general rule of interpretation. Hence, we
have no manner of doubt that the word
“relative of the husband” in Section 304 B of
the IPC would mean such persons, who are
related by blood, marriage or adoption.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1278 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.1696 of 2006)
STATE OF PUNJAB ..... APPELLANT
VERSUS
GURMIT SINGH .... RESPONDENT
Citation;AIR 2014 SC2561
Chandramauli Kr. Prasad
Read original judgment here;click here
Dated;July 2, 2014.
in the IPC. The provision with which we are
concerned is a penal provision which deserves
strict construction. 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. For this purpose,
it shall be permissible to refer to
dictionaries to find out the general sense in
which the word is understood in common
parlance. In Ramanatha Aiyar’s, Advance Law
Lexicon (Vol.4, 3rd Edn.), the word relative
means any person related by blood, marriage or
adoption. A large number of dictionaries give
this word relative, in context, same meaning.
It is relevant here to state that the
expression “relative of the husband” has been
used in Section 498-A of the I.P.C. While
interpreting the said expression, this Court
in the case of U. Suvetha vs. State by
Inspector of Police and Anr.(2009) 6 SCC 787
held it to mean a person related by blood,
marriage or adoption. Relevant portion of the
judgment reads as follows:
“10. In the absence of any
statutory definition, 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. The
meaning of the word “relative”
would depend upon the nature of
the statute. It principally
includes a person related by
blood, marriage or adoption.”
The expression relative of the husband
further came up for consideration in the case of
Vijeta Gajra vs. State of NCT of Delhi (2010)11
SCC 618 and while approving the decision of this
Court in U. Suvetha (Supra), it was held that
the word relative would be limited only to the
blood relations or the relations by marriage.
It is appropriate to reproduce the following
passage from the said judgment:
“12. Relying on the dictionary
meaning of the word “relative” and
further relying on Ramanatha
Aiyar’s, Advance Law Lexicon
(Vol.4, 3rd Edn.), the Court went
on to hold that Section 498-A IPC
being a penal provision would
deserve strict construction and
unless a contextual meaning is
required to be given to the
statute, the said statute has to
be construed strictly. On that
behalf the Court relied on the
judgment in T. Ashok Pai vs. CIT
(2007) 7 SCC 162. A reference was
made to the decision in Shivcharan
Lal Verma vs. State of M.P. (2007)
15 SCC 369. After quoting from
various decisions of this Court,
it was held that reference to the
word “relative” in Section 498-A
IPC would be limited only to the
blood relations or the relations
by marriage.”
It is well known rule of construction
that when the Legislature uses same words in
different part of the statute, the presumption
is that those words have been used in the same
sense, unless displaced by the context. We do
not find anything in context to deviate from
the general rule of interpretation. Hence, we
have no manner of doubt that the word
“relative of the husband” in Section 304 B of
the IPC would mean such persons, who are
related by blood, marriage or adoption.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1278 OF 2014
(@SPECIAL LEAVE PETITION (CRL.) No.1696 of 2006)
STATE OF PUNJAB ..... APPELLANT
VERSUS
GURMIT SINGH .... RESPONDENT
Citation;AIR 2014 SC2561
Chandramauli Kr. Prasad
Read original judgment here;click here
Dated;July 2, 2014.
https://www.lawweb.in/2014/09/whether-relative-of-husband-in-section.html
