Suicide Note
2 years ago
It is a family matter whereby the husband went into depression due to the harrasment of wife and her father and left her matrimonial home after two year's of marriage and later filed a divorce case and demanded huge amount as alimony which badly affected the health of husband and he wrote a note in his mobile blaming his wife and her father for taking the extreme step of Commiting suicide and committed after two days .Fir was booked with a reason that it was his bad relationship and depression that lead to it.But the phone was not taken for
investigation but few days later the family found this note in his phone can a legal action be initiated against the wife and her father for abbetment to suicide.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Suicide notes can be viewed as both an instrument and a dying proclamation, depending on the circumstances. A declarant's deathbed declaration is a statement made before to death about the cause of death that might be used to accuse a criminal. Its name is derived from the Latin phrase "nemo moriturus praesumitir mentire," which roughly translates to "man would not approach his creator with a lie on his lips."However, Section 306 of the IPC can be considered the precursor, and there has been abetment in this case.
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Suicide note can be treated as an instrument and dying declaration and depends on case to case. A declarant's dying declaration is a statement made before death concerning the cause of death that might be used to incriminate a culpable person. Its name comes from the Latin phrase "nemo moriturus praesumitir mentire," which means "man would not face his creator with a falsehood on his lips." However, Section 306 of IPC can be treated to be as the forerunner and abetment has been caused in this matter.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Isliye mobile peice of evidence hai. Jo police or aap ko help karega.
Please respond
A.Yes absolutely yes and the mobile must be given to the police, infarct it's quite surprising that police has not confiscated his mobile phone. It should have been confiscated then will be one of the important piece of evidence to look into.
Section 306 in The Indian Penal Code
306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Yes, it is directly and indirectly abatement to commit suicide and attract Section 306 of IPC. If police not reopening the case then approach High Court. You may file complaint before higher police officers to get the investigation reopened.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Abetment of suicide is a serious offence that is tried in a Sessions court and is cognizable(the police officer can arrest the named persons in suicide note without a warrant from the Court), non-bailable(bail is granted to the accuseds at the discretion of the court and not as a matter of right) and non-compoundable(the case cannot be withdrawn by the complainant even if the complainant and the accuseds have made an understanding. In such a case, the Court cannot withdraw the case and every such complaint is accordingly followed by a trial where evidence is held against the accuseds) so it is necessary to add in that FIR this Suicide Note found in the deceased person's phone specifying his wife and her father's name as abettors so that Section 306 of IPC and associated penal Sections be added in the Chargesheet.
According to Section 108 of the Indian Penal Code, 1860,as amended up to date, an abettor is a person who abets either the commission of an offence or the commission of an act, which would be an offence, if committed by a person capable by law committing that offence with the same intention or knowledge as that of the abettor .
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