Does section 306 considers women instigating men to commit s
Devraj Singh Chauhan
(Querist) 07 April 2018
This query is : Open
Does section 306 considers women instigating men to commit suicide. I have not found a single case where women was found guilty of instigating her husband to commit suicide. As per my lawyer and judge, they cannot file a case against a woman for instigating her husband to commit suicide. Is that true?
P. Venu
(Expert) 07 April 2018
The Law, in general, or the provisions of Section 306 do not make any such distinctions. Any how, what is the real problem?
Kumar Doab
(Expert) 07 April 2018
Asking, pushing,Provoking a citizen to commit suicide is not lawful...
What are facts of the matter...
Devraj Singh Chauhan
(Querist) 07 April 2018
Actually judge is asking..that there is no such case where wife instigated husband to commit suicide .. and he wants us to show any such case where wife instigated husband to suicide.
Devraj Singh Chauhan
(Querist) 07 April 2018
And also want to show that case to him and also want to see whether any such case was filed and what was the result of that case...so far..I have not find a single case related to women instigating a man to commit suicide.
Ms.Usha Kapoor
(Expert) 08 April 2018
There may be cases. But they may not have come to light.
Devraj Singh Chauhan
(Querist) 08 April 2018
Yes, Mam. That's the point. In law, to file a case, is it necessary to show the Cases (related to the incident) that have happened earlier?
Judge is asking us to show the judgement of court on this case (Women instigating husband to suicide). He is saying he cannot file a case on this until we show him the judgement of court related to this case.
Dr J C Vashista
(Expert) 08 April 2018
You have stated to have already engaged an able, competent and intelligent lawyer, what is the necessity to seek obligation of experts on this platform, except the fact that it is available FREE OF COST?
Devraj Singh Chauhan
(Querist) 08 April 2018
I understand, SIr. But, the lawyer is saying the same thing as the Judge. And, I am sure this is not how things work, do we really need an example to file a case. Examples are made on real life incidents, isn't it. Tell me if I am wrong.
Guest
(Expert) 08 April 2018
YES YOU ARE WRONG, PARTICULARLY IN TELLING A FALSE STORY. Yours is purely a fabricated academic query! Why taken false plea that the lawyer and judge has stated that you cannot file a case against woman instigating her husband to commit a suicide?
.
Question arises, have you been instigated by your wife to commit suicide and what proof you have with you?
Another question arises, how a judge can take this decision even before the case case filed by you? Why not state the case history, if that is true in your case?
Devraj Singh Chauhan
(Querist) 08 April 2018
Jigyasu Sir, if that is the question arises, why a man is held responsible when a wife commits suicide, what proof does the deceased have to proof the case and still the man is punished. Why doesn't this question arises then, "Have you been instigated by your husband to commit suicide and what proof you have with you"?
FYI, my brother committed suicide and here I am talking about the wife of my brother not mine.
I am not here to have a debate. My simple question is, do we really need to show the examples first before filing a case?
Guest
(Expert) 08 April 2018
@ Mr. Devraj Singh Chauhan,
In fact your story is quite unconvincing. Your statement gives ample proof that you made only a false story stating that the judge said that you cannot file a case against a woman. When you have not filed a case, the same has not been admitted for trial by the registrar of the court, how a judge, who was supposed to hear the case can say that you cannot file a case against a woman?
Secondly, even if your lawyer filed a case on your behalf, with what consideration, he filed that case earlier and why he now says that you cannot file a case against a woman? Was your lawyer merely a quack? If that lawyer is a quack and does not have any knowledge of law, why you could not approach to some other lawyer?
All these things very well prove that you made a false story by falsely quoting judge and lawyer in your story, even without using your commonsense.
Why don't you admit that you were hunting for answer to some of your academic query by falsely quoting a judge and the lawyer, not the advice for your personal legal problem?
Devraj Singh Chauhan
(Querist) 08 April 2018
I don't admit things that are not true. Secondly, I am not a lawyer and explained everything in a proper laymen terms. Being, a lawyer, I hope you know that I can't really share every details over here. Just a common question being asked and you are making it difficult.
Devraj Singh Chauhan
(Querist) 08 April 2018
Cannot file a case against a woman under IPC 306 (Women instigating husband to commit suicide). Even if it was for academic purpose, I could have mentioned it at first place and everyone would have answered. And, if you have answer, give the answer assuming it is an academic answer.
Guest
(Expert) 08 April 2018
If a person poses a question before some legal experts thinking them as if they are merely idiots, he should first have thought about himself to which rank he can be placed.
If yours was not a false story, why you have not answered my questions about the judge and your lawyer and not approaching some other lawyer, if your lawyer was so ignorant about law?
Another crucial question arises, how you people are safe and out of the clutches of the police in case your brother made suicide and why not you can also be a suspect of instigating your brother to suicide?
Also, what is the finding of the police investigation in the case and what action police has taken in the matter?
There can be several such questions to prove the falseness of your story.
Devraj Singh Chauhan
(Querist) 08 April 2018
You answered your own question sir about how we are safe..after a police investigation.
Guest
(Expert) 08 April 2018
You have still avoided my previous questions about your unconvincing story on the statements of judge and your lawyer.
Dr J C Vashista
(Expert) 08 April 2018
Consult and engage a local lawyer if there is some iota of truth in your story.
M V Gupta
(Expert) 28 November 2018
I happen to see this thread just to day. Unfortunately the discussion that has taken so far has dwelt with issues other than answering the question posed by the querist. It is stated by the querist that the Judge is asking for a precedent where the accused is a woman; otherwise he cannot take the case on record. This stand taken by the judge is not tenable in view of the provisions of Section 306 of the IPC. The section starts with the words "Whoever abets the commission of suicide ....". The words do not give scope to interpretation that a woman cannot be liable to punishment under the section. The stand taken by the judge is therefore not correct. As regards precedent where a woman is prosecuted for the offence under the section, a search made by me on the internet reveals one case -- Sanju VS The State of MP, wherein the wife was prosecuted for the offence of abetting suicide by her husband. Of course the Hono'ble SC acquitted the wife because it held that mere telling the husband to go and die did not amount to instigation to commit suicide. For citation you may check Indiakanoon.com. .
Although my response to the query is belated, the querist may find the information provided above useful, if the case is still under consideration. If the Judge is adament and refuses to take the case on record, the Querist may consider filing a Writ in the HC.
