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  • Read the passage given below and answer the question that follow. Section 306 of the IPC deals with the offense of abetment to suicide. It states that if a person in

Read the passage given below and answer the question that follow.

Section 306 of the IPC deals with the offense of abetment to suicide. It states that if a person instigates, encourages, or aids another person in committing suicide, and if the suicide is actually committed as a result, then the person who abetted the act shall be held liable for the offense of abetment to suicide.

Definition of abetment: Abetment involves the mental process of instigating or intentionally aiding someone in the act of suicide. It can include actions or words that encourage, provoke, or provide assistance in the act of self-harm leading to suicide.

Punishment: According to Section 306, the punishment for abetment to suicide is imprisonment for a term that may extend up to ten years and may also include a fine. It is important to note that each case is unique, and the severity of punishment can vary based on the circumstances and evidence presented in court.

Legal interpretation: In a 2011 judgment in the case of M Mohan, the Supreme Court of India analyzed the requirements for abetment to suicide. The court emphasized that for a conviction of abetment to be sustained, there must be a clear mental process of instigating or intentionally aiding the act of suicide. Mere absence of a positive act on the part of the accused to instigate or aid in committing suicide may weaken the grounds for conviction.

Question :- In a small town. Varun, a partner in a real estate venture, was found dead with a gunshot wound to his head. The police discovered a suicide letter left by Varun, indicating that his suicide was a result of the problems caused by three individuals involved in the real estate industry Rahul, Farhan and Vikram According to the letter, these three individuals had engaged in certain financial transactions that had severely impacted Varun. Varun claimed that their actions had pushed him to take his own life, making Rahul, Farhan, and Vikram complicit in his suicide in the given scenario, can Rahul Farhan and Vikram be held liable under the criminal law for abetment to suicide (if proven)? 

 

Option: 1

Yes, Rahul, Farhan, and Vikram can be held liable for abetment to suicide as it can be proven that their financial transactions directly caused Varun's mental distress leading to suicide.


Option: 2

No, Rahul, Farhan, and Vikram cannot be held liable for abetment to suicide as the deceased took his own life and their actions were not intended to directly encourage or instigate suicide. 

 


Option: 3

No, Section 306 of the criminal law does not apply to cases involving financial transactions, therefore Rahul, Farhan, and Vikram cannot be held liable for abetment to suicide based on the mentioned scenario.


Option: 4

None of the above

 


Answers (1)

best_answer

In cases of abetment to suicide, liability can be established if it can be proven that the accused intentionally aided, instigated, or encouraged the deceased to commit suicide. In this scenario, Varun's suicide letter explicitly states that the financial transactions involving Rahul, Farhan, and Vikram severely Impacted him and led to his decision to take his own life. If it can be demonstrated through evidence that their actions directly caused Varun's mental distress, it could potentially lead to their liability for abetment to suicide.

 

Posted by

Rakesh

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