|The Legal Needs Network is not currently active and cannot accept new posts|
|Abetment to suicide||Views: 1238|
|Dec 01, 2008 4:47 pm||Abetment to suicide||#|
|Abetment to suicide is punishable under section 306 of the Indian Penal Code. The section says: If any person commits suicide, whoever abets (assists, encourages, or instigates) the commission of such suicide, shall be liable for punishment under this section. And if found guilty would liable for punishment with imprisonment for a term which may extend to ten years, and shall also be liable to fine.|
I came across this news item today
Harsh words in a fit of rage not a crime: SC
New Delhi, Nov. 30: The Supreme Court has observed that a person cannot be charged for abetment of suicide merely because the alleged abettor had used harsh words in a fit of rage.
“It is fairly well settled that words uttered in a fit of anger or emotion without any intention cannot be termed as instigation,” a Bench of Justices Mr Arijit Pasayat and Mr Mukundakam Sharma observed, dismissing the appeal of a father who claimed his son committed suicide after his wife branded him “impotent” and “ugly.”
The differences between the couple within a few days of the arranged marriage were because Mrs Shanti, who is fair complexioned and suffered from superiority complex, repeatedly humiliated her husband Venkateswara Rao that he was “impotent” and “ugly.”
Unable to bear the alleged harassment, Rao reportedly committed suicide in a lodge in Machlipatnam town in Andhra Pradesh’s Krishna district.
On the basis of the complaint lodged under Section 306 IPC (abetment to suicide), police registered a case, but the Andhra Pradesh High Court quashed the criminal proceedings after Shanti approached it.
Aggrieved by the High Court’s order, Mr Ramakrishna filed an appeal in the apex court. n PTI"
If calling husband impotent n ugly in public is not an abetment to suicide then what is???
Private Reply to Ritu
|Dec 02, 2008 5:09 am||re: Abetment to suicide||#|
|Arranged marriages are wrong!|
Who wants to be stuck with the groom they did not choose?
If he is unattractive, let him find his own bride.
With fewer females being born, only the rich can afford a bride, no matter how unattractive!
No one should be stuck with someone they are not attracted to.
There is someone for everyone, but finding them is the problem!
If the guy committed suicide, there are plenty of men who are in search of a bride. Now she is a widow, is that a better fate?
Some people who commit suicide are suffering from depression and their close friends fail to see the warning signs and get them help before it is too late. Many who finally succeed in committing suicide have tried at least once before. Should their family and friends who failed to get them help, be charged with a crime?
In America, there are those who are terminally ill who want to choose when and how they die. Assisted suicide is something very different here. I watched my father slowly die of Parkinson's and my aunt struggle to breathe, with lung cancer (she was a non-smoker). Being able to legally ease their pain and their passing would have been wonderful and they would have welcomed it. Alas, it is not legal in Tennessee or Pennsylvania.
Private Reply to Marielena Alvarez
|Dec 02, 2008 5:21 am||re: re: Abetment to suicide||#|
|Marielena...arranged marriage in India is by no means a forced marriage...it is just a way of selecting a life partner in a formal manner..in family settings...so if she thought he was ugly she could have said no to marriage in first place ...n if one finds the spouse ugly/unattractive/impotent one can go for a divorce in a civil manner rather than making mockery or fun of someone in public.|
Private Reply to Ritu
|Dec 02, 2008 2:21 pm||re: re: re: Abetment to suicide||#|
All laws are a matter of commonsense. When an act defined and a punishment is provided by legislature or parliament or any civic body authorized to make rules of behavior and provides punishment for non obedience it becomes punishable.
1. If you look at most legislations it starts with section that says nobody shall…………… and for example Motor Vehicle Act in every country says that nobody shall drive a particular engine propelled Vehicle without a license issued by an authority that is empowered to issue such licenses by the State.
2. The peculiar aspect about Indian Penal Code is that it defines
Acts and provides punishment. There is not one section that says “nobody shall” do a particular act.
3. If words “nobody shall,” were used in 299 or 300 of I.P.C. the hangman in our prisons will be deemed guilty,. The District judge, High Court and the Supreme Court in cases of leave for appeal should be guilty of conspiracy and abetment.
4. All our cops would be guilty of abetment and harboring offenders while all the law students who took part in the affray in law college could be acquitted on the basis of benefit of doubt.
The moral of the story is that “Roman Law” and `Jurisprudence’, do not suit India.
Private Reply to charuhasan
|Dec 02, 2008 6:23 pm||re: re: re: re: Abetment to suicide||#|
|Recently there was a case where a pilot was charged (& arrested though i dunno if actually convicted) with abetment of an air hostess suicide who committed suicide after they had a fight...if that can be abetment of suicide why not the case of extreme verbal abuse by a spouse an abetment to suicide??....it would be helpful if I could get some cases where there was abetment n some cases where the abetment was rejected.|
Private Reply to Ritu
|Dec 12, 2008 6:38 am||re: re: re: re: re: Abetment to suicide||#|
7 Th Thinking Hat
|I think there is a clear demarcation between abetting and causation.The pilot may have, though unintentionally, caused suicide, but it does not amount to abetting unless he has actively enabled the act of committing/attempting suicide and that but for such enabling the suicide/attempt to suicide would not have been possible.|
I suppose it will be far fetched to state that the pilot enabled suicide.Another airhostess with a thicker skin or better rational thinking could have reacted differently.
Generalising we cannot connect action of one person and reaction of another person and call it abetemnt.
Abetment is a conscious act of proving active cooperation to another person to carry out his/her decision.
Private Reply to 7 Th Thinking Hat