https://sputniknews.in/20221230/rise-in-abetment-of-suicide-cases-advocate-throws-light-on-what-it-means-320378.html
Rise in Abetment of Suicide Cases: Advocate Throws Light On What It Means
Rise in Abetment of Suicide Cases: Advocate Throws Light On What It Means
Sputnik India
The Supreme Court of India, through various judgments, has termed “abetment of suicide” as a heinous crime – and it is on the rise in the country. 30.12.2022, Sputnik India
2022-12-30T19:58+0530
2022-12-30T19:58+0530
2022-12-31T17:58+0530
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After Indian actress Tunisha Sharma allegedly committed suicide on the set of a TV show last week, her co-actor and ex-boyfriend, Sheezan Khan, has been booked for "abetment of suicide" and was taken into police custody.Tunisha’s mother, Vanita Sharma, filed a police complaint claiming that Sheezan had promised her daughter to marry, but later cheated on her; they broke up 15 days ago, and this is allegedly what pushed the actress to take the drastic step.Cases of suicide and abetment of suicide have become more frequent in India lately, raising alarm about it in society.As per India’s National Crime Records Bureau (NCRB) report, around 8,312 cases were lodged under Section 306 abetment of suicide in 2021, and nearly 7,500 of the suicides that were reported in India last year were related to love affairs and dowry. While there has been a rise in abetment of suicide cases, the NCRB report revealed that last year, there was only a 22.6 percent conviction rate under such offences.Delhi High Court advocate Gayatri Puri throws light on what exactly abetment of suicide means under Indian law, why it is on a rise, and why such cases are difficult to prove in court.What is ‘Abetment of Suicide’?The Indian Penal Code (IPC), under Section 306, makes abetment of suicide punishable, and imposes either a jail term of up to 10 years or a fine, or both.The abettor is defined in Section 108 of the IPC as a person who aids in the commission of a crime or the commission of an act.Abetment of suicide is a cognizable offense in which police can make an arrest without a warrant from a court. It is also a non-bailable offense, which means bail is granted to the accused at the discretion of the court and not as one’s right.It is also a non-compoundable offense, which means the case cannot be withdrawn by the complainant, even if the complainant and the accused have decided to settle the matter outside the court.Is Abetment of Suicide the Same as Murder?Experts agree that the abetment of suicide (Section 306 of IPC) and murder (Section 302) cases are different from each other.In the Supreme Court’s judgement in the Sangarabonia Sreenu v State of Andhra Pradesh case in 1997, the court set the record straight and said, “Despite the intention of the accused to drive a person to commit suicide, abetment of suicide is not the same as murder. In murder case, the final ‘act’ of causing the death is committed by the accused, which is not the case in the abetment of suicide.”What differentiates abetment of suicide from murder is the two primary ingredients - suicidal death and the intention of the accused to abet a suicide.“The offence punishable for murder (Section 302) presumes the existence of intention of the accused to kill the victim. However, the abetment of suicide (Section 306) envisages suicidal death, and it undisputedly excludes murder. Charges under both sections cannot co-exist,” Puri explained.'Difficult to Prove a Person Guilty of Abetment of Suicide'Abetment of suicide cases have seen a low conviction rate, as there is a high level of difficulty in proving a person's guilt in court.Indian courts have stressed the need for concrete proof against the person accused of abetting the commission of suicide.The apex court had said that in the police investigation, it is necessary to prove that the accused, directly or indirectly, instigated the person to end their life or harassed the victim, pushing the deceased to commit suicide. It has been observed that many abetment of suicide cases happen due to the tragic end of love affairs.However, the court's observations in Section 306 cases have been that a tragic love affair can’t establish abetment of suicide charges against the accused.The Supreme Court, in its judgment, said, “Every person has a right to choose his better half for his life according to his wish and nobody can compel him/her to do things against his/her wishes. It seems that the deceased was hyper-sensitive girl and, therefore, she could not control her emotions, which she was having at the relevant point of time, and took such an extreme step to end her life by committing suicide."How Does a Court Determine if a Person is Guilty?The landmark 2011 judgment by the Supreme Court on M. Mohan v State reads that it is impossible to lay down any straightjacket formula in dealing with abetment of suicide cases.“…there should be an intention to provoke, incite or encourage the doing of an act by the latter. Each person’s suicidality pattern is different from the others. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straight-jacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances…” Puri quoted the judgment.
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Rise in Abetment of Suicide Cases: Advocate Throws Light On What It Means
19:58 30.12.2022 (Updated: 17:58 31.12.2022) The Supreme Court of India, through various judgments, has termed “abetment of suicide” as a heinous crime – and it is on the rise in the country.
After Indian actress Tunisha Sharma allegedly committed suicide on the set of a TV show last week, her co-actor and ex-boyfriend, Sheezan Khan, has been booked for "abetment of suicide" and was taken into police custody.
Tunisha’s mother, Vanita Sharma, filed a police complaint claiming that Sheezan had promised her daughter to marry, but later cheated on her; they broke up 15 days ago, and this is allegedly what pushed the actress to take the drastic step.
Cases of suicide and abetment of suicide have become more frequent in India lately, raising alarm about it in society.
As per India’s National Crime Records Bureau (NCRB) report, around 8,312 cases were lodged under Section 306 abetment of suicide in 2021, and nearly 7,500 of the suicides that were reported in India last year were related to love affairs and dowry.
While there has been a rise in abetment of suicide cases, the NCRB report revealed that last year, there was only a 22.6 percent conviction rate under such offences.
Delhi High Court advocate Gayatri Puri throws light on what exactly abetment of suicide means under Indian law, why it is on a rise, and why such cases are difficult to prove in court.
What is ‘Abetment of Suicide’?
The Indian Penal Code (IPC), under Section 306, makes abetment of suicide punishable, and imposes either a jail term of up to 10 years or a fine, or both.
“Abetment means instigation, encouragement, and incitement. A person is accountable for abetment of suicide when he/she instigates someone to commit suicide or takes part in a conspiracy to make a person commit suicide or helps the victim deliberately,” Adv. Puri told Sputnik.
The abettor is defined in Section 108 of the IPC as a person who aids in the commission of a crime or the commission of an act.
Abetment of suicide is a cognizable offense in which police can make an arrest without a warrant from a court. It is also a non-bailable offense, which means bail is granted to the accused at the discretion of the court and not as one’s right.
It is also a non-compoundable offense, which means the case cannot be withdrawn by the complainant, even if the complainant and the accused have decided to settle the matter outside the court.
Is Abetment of Suicide the Same as Murder?
Experts agree that the abetment of suicide (Section 306 of IPC) and murder (Section 302) cases are different from each other.
In the Supreme Court’s judgement in the Sangarabonia Sreenu v State of Andhra Pradesh case in 1997, the court set the record straight and said, “Despite the intention of the accused to drive a person to commit suicide, abetment of suicide is not the same as murder. In murder case, the final ‘act’ of causing the death is committed by the accused, which is not the case in the abetment of suicide.”
What differentiates abetment of suicide from murder is the two primary ingredients - suicidal death and the intention of the accused to abet a suicide.
“The offence punishable for murder (Section 302) presumes the existence of intention of the accused to kill the victim. However, the abetment of suicide (Section 306) envisages suicidal death, and it undisputedly excludes murder. Charges under both sections cannot co-exist,” Puri explained.
'Difficult to Prove a Person Guilty of Abetment of Suicide'
Abetment of suicide cases have seen a low conviction rate, as there is a high level of difficulty in proving a person's guilt in court.
Indian courts have stressed the need for concrete proof against the person accused of abetting the commission of suicide.
“The Supreme Court has already established that to hold an accused guilty of abetment of suicide, the court requires admissible and substantial evidence, without any ambiguity, even if the case is based on circumstantial evidence and subsequent inferences,” Puri said.
The apex court had said that in the police investigation, it is necessary to prove that the accused, directly or indirectly, instigated the person to end their life or harassed the victim, pushing the deceased to commit suicide.
It has been observed that many abetment of suicide cases happen due to the tragic end of love affairs.
However, the court's observations in Section 306 cases have been that a tragic love affair can’t establish abetment of suicide charges against the accused.
The Supreme Court, in its judgment, said, “Every person has a right to choose his better half for his life according to his wish and nobody can compel him/her to do things against his/her wishes. It seems that the deceased was hyper-sensitive girl and, therefore, she could not control her emotions, which she was having at the relevant point of time, and took such an extreme step to end her life by committing suicide."
How Does a Court Determine if a Person is Guilty?
The landmark 2011 judgment by the Supreme Court on M. Mohan v State reads that it is impossible to lay down any straightjacket formula in dealing with abetment of suicide cases.
“…there should be an intention to provoke, incite or encourage the doing of an act by the latter. Each person’s suicidality pattern is different from the others. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straight-jacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances…” Puri quoted the judgment.
