Kishore Malhotra (Govt Job) 09 December 2013

Section 309

Respect Sir,

My brother aged 33 yeas, serving in BSF, attempted suice by cutting his veing due to the mental harrassment by his wife, who was living with him in BSF campus. She kept him under confinement when he took leave and was getting ready for moving to his parental home. Due to prolonged mental stress given by her wife..he attempted suicide, but due to timely evacuation to hospital, his live saved. His wife run to his parental home with kids and never come back. Now Police has registered an FIR against him for attempting suice. Please intimated that my brother will be punished for this offence. Is it true. If so what should we do to explain the grounds on which my brother had attempted suicide.

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6 Replies

Laxmi Kant Joshi (Advocate ) 09 December 2013

tell your brother to give an statement how badly she hrass him which pulls him to end his life , give each and every points which shows she create all that situation which he can not bear and attempt to end his life.

Laxmi Kant Joshi (Advocate ) 09 December 2013

BAALASUBRAMANNYAMM (Advocate) 09 December 2013

Agreed with Mr. Laxmi Kant Joshi.

Advocate Ashok Kumar (Counsel) 10 December 2013

Hello,

It is saddening that your brother tried to commit suicide rather than avail any of the legal remedies to save himself from his wife. The Supreme Court has till date not decriminalised section 309 IPC, so the procedure followed by the police is usually filing an FIR. However, you should see the case of Dwarka Poonja v Emperor, which held that "If a person, because of family discord, distraction, loss of a dear relation or other cause of a like nature overcomes the instinct of self-preservation and decides to take his life, he should not be held for an attempt to suicide. In such cases the unfortunate man deserves indulgence, sympathy and consolation instead of punishment." It would be best if your brother engages a good lawyer who can quash the criminal proceedings against him, and also gives him an opportunity to get out of the horrible marriage that drove him to try such an extreme step.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Kishore Malhotra (Govt Job) 10 December 2013

Thanks for advice Sir..

Police is holding the case with them....they are threatening my bro that he will be punished....I told them so many times to produce the challan before court but they are not oing so...May I know within what time frame the Police has to produce the challan before the Hon'ble court?

Advocate Ashok Kumar (Counsel) 10 December 2013

In criminal cases, the Police has to file a chargesheet within 90 days of filing of an FIR. This is when the police finds an actionable crime having been committed. In many cases, the police can also file it later and ask for a condonation of the delay by Court. You should get some expert advice on what the actual process will be in your area.

Regards,

Advocate Ashok Kumar; www.lawkonect.com