Near Relative Definition in Bail Condition

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Near Relative Definition in Bail Condition

Near Relative - Main Points and Insights
The term near relative appears in the context of bail conditions, especially under provisions like Sections 498A and 304-B IPC, which relate to cruelty, harassment, and dowry deaths. Courts often consider whether the accused is a husband or a close relative of the husband, such as a father-in-law, mother-in-law, or other immediate family members, when granting bail or framing conditions Chhatrapal Singh Somvanshi VS State of Madhya Pradesh - Madhya Pradesh, SAVITRI DEVI VS RAMESH CHAND - Delhi, Susheel Kumar Arya vs State Govt. of NCT of Delhi - Delhi, Savitri Devi VS Ramesh Chand - Crimes.
The definition is not explicitly statutory but is interpreted based on familial relationships that are closely connected to the victim, often focusing on immediate family members involved in the alleged offence Chhatrapal Singh Somvanshi VS State of Madhya Pradesh - Madhya Pradesh, SAVITRI DEVI VS RAMESH CHAND - Delhi.
In cases involving juvenile offenders, the concept of near relative extends to guardians or family members involved in the child's custody or support, with courts emphasizing the importance of family ties in bail considerations PRAHLAD GAUR VS STATE OF UTTAR PRADESH - Allahabad, X (Minor) VS State of U. P. - Crimes, Juvenile 'X' through his father VS State of U. P. - Allahabad, Juvenile ‘X’ through his Father VS State of U. P. - Allahabad.
Analysis and Conclusion
The term near relative generally encompasses immediate family members such as husbands, parents, or close kin involved in the alleged offence. Courts rely on familial proximity and relationship to determine the applicability of bail conditions and the scope of restrictions.
The interpretation is context-dependent, especially in cases involving cruelty, harassment, or dowry death, where the relationship of the accused to the victim influences bail decisions.
While not explicitly defined in statutory law, judicial pronouncements clarify that near relative includes those with close familial ties, particularly in cases involving domestic violence, harassment, or juvenile offences Chhatrapal Singh Somvanshi VS State of Madhya Pradesh - Madhya Pradesh, SAVITRI DEVI VS RAMESH CHAND - Delhi, Savitri Devi VS Ramesh Chand - Crimes.

References: - Chhatrapal Singh Somvanshi VS State of Madhya Pradesh - Madhya Pradesh - SAVITRI DEVI VS RAMESH CHAND - Delhi - Susheel Kumar Arya vs State Govt. of NCT of Delhi - Delhi - Savitri Devi VS Ramesh Chand - Crimes - PRAHLAD GAUR VS STATE OF UTTAR PRADESH - Allahabad - Juvenile 'X' through his father VS State of U. P. - Allahabad - Juvenile ‘X’ through his Father VS State of U. P. - Allahabad

VISHAL MISHRA

Final Decision: The court allowed the application for anticipatory bail under the condition that the appellant complies with ... Act, the scope of maintainability, and the conditions for granting anticipatory bail. ... Act, the scope of maintainability, and the conditions for granting anticipatory bail. ... He is ready to cooperate in the investigation and ready to abide by all the terms and conditions which may imposed by this Court while considering his application....

J.D.KAPOOR

Indian Penal Code, 1860 - Section 406, 498A — Husband or relative of husband of a woman subjecting her to cruelty — Petition under ... ... Similarly offence of harassment is peculiar to Indian conditions ... section 498A, IPC — Cruelty and harassment — Non-acceptance of customary gifts brought by the petitioner for relatives of husband ... Husband or relative of husband of a woman subjecting her to cruelty: whoever, being the husband or the relative of the husband of a woman, subjects such woman to cru....

A.K.ROOPANWAL

that applicant will fall in company of known criminals—Held, only one criminal case cannot fulfil this condition i.e. association ... criminals—Hence, single instance of a child delinquent joining company of some known criminal or criminals would not be sufficient to satisfy definition ... for—Rejection of—Juvenile Justice Board refused to grant bail—Appeal against—Dismissal of—On ground that there is every likelihood ... One of such sureties will be the father of the child delinquent and if he is not alive then his near....

AMIT MAHAJAN

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative ... The applicant is, therefore, directed to be released on bail on furnishing a bail bond for a sum of Rs.1,00,000/- (rupees One Lakh only) with two sureties of the like amount to the satisfaction of learned Trial Court/Duty Metropolitan Magistrate on the following #....

ALEXANDER THOMAS, SOPHY THOMAS

conditions governing case and has found that those bail conditions and even taking a recourse to Sec.107 of Cr.P.C., will not suffice ... of sufficiency or otherwise of bail conditions, also would fail - Hence, Court are constrained to overrule said contention of the ... challenge made against order, preventively detaining the detenu in this case – Detaining authority has bestowed consideration to bail ... of the family in an incident which took place by reason of a family dispute or q....

PRATHIBA M.SINGH

of her husband for, or in connection with any demand for dowry, such death shall be called „dowry death”, and such husband or relative shall be deemed to have caused her death. ... As per the definition of 'dowry death' in Section 304-B IPC and the wording in the presumptive Section 113-B of the Evidence Act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been “soon before her death” subjected to cruelty or harassment ... He was the first doctor to examine the victim when she was brought to th....

SANJAY KUMAR PACHORI

Paras 13, 14, 24 and 25) (B) Interpretation of Statute – Rule of Interpretation – In absence of any statutory definition ... Bail granted. ... (A) Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 12 – Bail to juvenile delinquent ... of apprehension of the child, mental condition of the child. ... Thereafter, the report requires the Probation Officer to provide the child’s history regarding his mental condition, physical condition, habits, interests, personality t....

SANJAY KUMAR PACHORI

Justice (Care and Protection of Children) Act, 2015 - Section 102 - Offence of Murder - Act done by several persons - Charged - Bail ... on basis of suspicion - It has been further submitted that there is no evidence to show that if in case juvenile is released on bail ... cannot be said that his release would defeat ends of justice and have failed to give reasons on three contingencies for declining bail ... It is difficult to give an exact definition of word "reasonable". 7. ...In Stroud's Judicial Dictionary, 4th Edn.....

J.D.KAPOOR

(iii) Intention to subject the woman should be to compel or force her or her relatives ... Supreme Court of India laid the following definition of “mental cruelty” in V. Bhagat v. Mrs. D. Bhagat4. ... Husband or relative of husband of a woman subjecting her to cruelty:— Whoever, being the husband or the relative or the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine ... For the purpose of Section 498A, ....

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