Soon Before - Definition - Law Dictionary Home Dictionary Definition soon-before

Definition :

Soon before, the expression 'soon before' is a relative term which requires to be construed in the context of specific circumstances of each case and no hard-and-fast rule of any universal application can be laid down by fixing any time-limit, Vidhya Devi v. State of Haryana, (2004) 9 SCC 476 (480). [Indian Penal Code, s. 304B; Evidence Act, 1872, s. 113B]

Soon before, is a relative term which is required to be considered under specific circumstances of each case and no straight-jacket formula can be laid down by fixing any time-limit. This expression is pregnant with the idea of proximity test. The term 'soon before' is not synonymous with the term 'immediately before' and is opposite of the expression 'soon after' as used and understood in s. 114, Illustration (a) of the Evidence Act. These words would imply that the interval should not be too long between the time of making the statement and the death, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2332): (2000) 5 SCC 207. [Penal Code, s. 304B and 498A, Evidence Act, 1872, s. 113B]

Soon before, would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question, State of Andhra Pradesh v. Raj Gopal Asawa, (2004) 4 SCC 470