anticipatory bail
V V SATYANARAYANA
(Querist) 20 February 2009
This query is : Resolved
Sirs,
If a person of sound mind commits suicide in a fit of anger or depression and names 'X' in his suicide note. There is no personal enimity between the two. What action police can take in this case and what recourse 'X' has under the Cr P.C.
Shall be thankful for clarification in the matter.
PALNITKAR V.V.
(Expert) 20 February 2009
Basically police should not register any offence i.e. FIR since X had no animus to abet the deceased to commit suicide. However, in the case of registration of FIR,which may be for offence u/s 306 IPC, X may go for quashing or apply for anticipatory bail
AEJAZ AHMED
(Expert) 20 February 2009
Dear Satyanaraynana,
If its a matter of Husband & Wife then few additions to the opinion given by Mr.Palnitkar :
" SC seeks caution while charging husbands with abetting suicide "
In case of a suicide committed by a wife, the court must be extra cautious in charging her husband for abetment to suicide, underlined the Supreme Court on Monday. It said the court’s conscience must not be satisfied with accusing the husband of instigating his wife to commit suicide, if the victim was “hypersensitive”.
“If it transpires to the court that the victim was hypersensitive to ordinary petulance, discord and differences in domestic life, quite common to the society to which the victim belonged, and such petulance discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting suicide should be found guilty,” said a Bench headed by Justice Arijit Pasayat.
The observations, taken from an earlier apex court ruling, came as the Bench, also comprising Justice P Sathsivam, set aside the conviction and sentence of Sohan Raj Sharma, charged under Section 306 (abetment to suicide) of the IPC, for forcing his wife to consume poison and end her life. His wife poisoned their two daughters before taking the extreme step.
The trial court, relying heavily on the suicide note by the wife, held Sharma guilty of abetment to suicide under Section 306 of the IPC and sentenced him to seven years imprisonment. The high court also relied on the suicide note and upheld the conviction and sentence.
The apex court, however, cautioning that courts should be extremely careful in assessing the facts and circumstances of each case said, “In cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. The mere fact that the husband treated the deceased wife with cruelty is not enough.”
The Bench disagreed that Sharma could be charged with abetment to suicide. From the suicide note, it found that the accused had been described as a sexual pervert and was impotent. He was trying to defame the deceased, the apex court found from the suicide note. However, finding the evidence insufficient to prove that the cruelty meted out was enough to drive the wife to commit suicide, the court ordered the release of the husband.
PALNITKAR V.V.
(Expert) 20 February 2009
What Mr. Aejaz says is also right since Mr. Satyanarayana has not stated if the case relates to husband and wife. But from the words that there was no enmity between the two it seems that they are not husband wife.
Abhishek
(Expert) 20 February 2009
very informative talks...
A. A. JOSE
(Expert) 21 February 2009
I fully endorse the views of both Mr.Palnitkar and Mr.Aejaz. Further, it would be nice if the author had given complete fact situation with some clarity as to the relationships of the persons concerned also.
MANISH
(Expert) 21 February 2009
Dear Mr. Satyanarayana,
Here in this case, the person has inserted the name of X in his suicide note, but it is not clear that whether it is in the negative way or not; what actually is the wording in which the name is inserted.
However, in this case, X may appy for an anticipatory bail, which could only be granted only on some specified terms and in suitable case.
Further, X may go to high court under Section 482 for the quashment or any other order regarding the inserted of the name of X in the suicide note.
Above all, if any FIR will be registered then it is to be looked into that whether it contains the name of X, and whether it mentions X as accused.
At the last comes the stage of trial, wherein it could be proved that the deceased commited suicide in a fit of anger or depression.
