Miscarriage of justice
4 months ago
*Kindly provide information regarding the maximum sentence that can be awarded under IPC Section 306 (Abetment of suicide).
*Kindly provide information regarding the maximum sentence that can be awarded under IPC Section 306 r/w 116 (Abetment of suicide but the offence be not committed in consequence of the
abetment i.e. the person who tried to commit suicide was saved in the hospital).
*Kindly provide information whether a district judge have the power to presume IPC Section (306 r/w 116) as IPC Section 306. If so, kindly provide information regarding the section(s) of the specific act or article(s) of the Indian constitution that confers such power to Judges.
*Kindly provide information whether the Section 3(2)(v) of ‘The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989’ be invoked in cases where the accused was sentenced to less than 10 years (for example 5 years) prior to its invoking. If so, kindly provide your
valuable opinion on the legal validity of such invoking of that section according to its definition.
IPC Section 306 r/w 116 deals with abetment of suicide, but the offence not being committed in consequence of the abetment (where the person attempting suicide is saved). The maximum sentence under Section 306 is imprisonment for up to 10 years.
Regarding the power of a district judge to presume IPC Section 306 r/w 116 as IPC Section 306, judges have the authority to interpret and apply the law. However, the specific legal provisions granting this power are typically found within the procedural laws and the Criminal Procedure Code (CrPC). Judges may rely on their legal knowledge and the precedents set by higher courts.
As for invoking Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act in cases where the accused was sentenced to less than 10 years, it's essential to consider the language and intent of the statute. The Act is designed to prevent atrocities against marginalized communities. Invoking Section 3(2)(v) for a sentence less than 10 years may require careful legal analysis, and the validity of such invoking would depend on the specific facts and circumstances of each case. Seeking legal advice from a qualified professional would be advisable for a more accurate assessment based on the details of the situation.
Thankyou
Under Sec.306 IPC, 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. Under Sec.116 IPC whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; As regards query with regard to nformation whether a district judge have the power to presume IPC Section (306 r/w 116) as IPC Section 306., an order dated 01/02/2022 passed by THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY in CRIMINAL PETITION No.6915 of 2021 in reference the case of Satvir Singh v. State of Panjab, 2002 (1) ALD (Crl.) 99 (SC) may be referred. The object behind clause (v) of Section 3(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989’ is to punish the persons, who commit offences under the Indian Penal Code punishable for a term of ten years or more, against a members of Scheduled Castes or Scheduled Tribes on the ground that such person belongs to Scheduled Castes or Scheduled Tribes or such property belongs to such person, by higher and more severe punishment. Whoever imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
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