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Rajeev Kumar (Professioanl Social worker)     13 November 2009

abetted suicide in love affair

Dear All

In one of my known case.  boy was in love with a  girl. they had decided to marry each other. Boy working as contract employee in a govt employee. his job was unstable. boy was also undergoing depression. he was also recieving treatment for depression.

girls was very impulsive and short tempered. Boy was trying to save his prospective marital life. he did his. even on petty matters. girls gets angry and torment boy very badly. boy was very mentally harrassed. on one hand boy was not getting support from his family for marriage. he was struggling. on other hand girl was psychologically harrassing him.

many  times  , boy used to resolved the issue, pacify girl. he would apologize even when he was not guilty.

one day boy was  hopeless from every side. he was rejected from many interview.  girl passed sarcastic comment over him. boy was not leaving her. because he was loving her.  many time he send SMS to resolve issue, that emerge due to no reason.  boy indicate  many times of commiting suicide through SMS and phone calls.

one day boy commited SUICIDE.

here my queries are

1. whether girl can be allegedd for abetting suicide

2. there are evidence of mobile SMS and phone calls

please reply me.

regards



Learning

 10 Replies

Feroz M Shafeeque (Police Officer)     13 November 2009

Did he leave any suicide note accusing the girl?

 

Otherwise the possibility of girl getting involved is remote as the boy was undergoing treatment for depression.

 

 

Vijay Kumar (Advocate)     13 November 2009

There is no abetment.

 


(Guest)

1. whether girl can be allegedd for abetting suicide

No. She did mental harrassment. He is suffering from depression. A depressed person can do sucide without any notice of others. It is a mental illness. If the boy made any sucide note that the girl is responsible then it comes under abetting suicide.

2. there are evidence of mobile SMS and phone calls.

Electronic evidence can be considered as secondary. Burden of prove is on the sender of SMS/ phone caller.

Rajeev Kumar (Professioanl Social worker)     14 November 2009

Dear sir,

boy had communication with girl through mobile call and SMS. Through SMS, many times boy indicated his suicidal ideation resulting from harrassment of girl.

many times boy send SMS to girl, accusing her for worsoning  his life and expressed to  commit suicide.  in response girl passes sarcastic comment and psychologically harrassed him.

before commiting suicide boy had sent many SMS to girl pleaing to save  thier love and ultimately accusing her for his suicide.

it is evident that girld had behaved very ruthlessly and provoked him to commit suicide.

then please tell me

1. whether girl can be accused for abetting suicide.

2. the sender of SMS is no more , because he has commited suicide.

3.now electronic proof of SMS can be considered?

please reply

regards

Rajeev Kumar (Professioanl Social worker)     14 November 2009

mental illness and abettment of suicide

Dear members

I am a mental health professional, working in a psychiatric set up.  As you raised the point depressed can commit  suicide any time.

I know more about the nature of  mental illness. many times depression is induced by interpersonal relation, or other  disatisfied  situation of life.

first one the two types of depression are EXOGENOUS ( provoked by social/family/ interpersonal /emotional/ other external reasons) and ENDOGENOUS ( biological reasons and secondary to other endoctrine or  drug induced condition)

in marital life, if husband is daignosed as depression. and because of disatisfied relation with wife. then the case of husband becomes more sensitive. if wife is aware with the depression condition of husband, then she is also responsible for his care and not to provoke.

secondely- there are three level  of Depression: mild , Moderate, and  sever.  Studies show and in general clinical practice, Mild and Modertate generally  don't attempt for suicide.

it  is more risk for severe level. in such condition , the judgement , decision making and insight are quite impaired. so in such case can be exempted from abetting Suicide.

thirdly , in Psychotic Illness like :  Schizophrenia, where patient loses  all  his insight. he  is influenced by delusion and hallucinations. There is high rate  of suicide among schizophrenia due  to thier psychopathology not by the external  factors. such case can be exempted from  abetting suicide.

after knowing my feed back on mental illness and suicide, please review my query on abetting suicide. I had made some more clarifications.

Regards

Rajeev

Feroz M Shafeeque (Police Officer)     14 November 2009

Thanks for the scientific information on depression.

 

Any way as per our law,

crime = actus reus + mens rea.

That means not only the action but also the intention to do that constitute the offense (a loose translation).

 

In this case the allegation is that the girl abetted the suicide of the boy by mental harrassment caused by sarcastic comments.

Is there any proof that the girl had uttered the comments?

 

Can it be proved that her comments was the cause of suicide?

 

Did the girl uttered the comments knowingly that it will make the boy commit  suicide?

 

Did she wish the death of her lover?

 

If the answers of the above questions are a solid 'yes'  an investigating officer will consider adding the girl as a suspect in abettment, but will look for answers to another queries like

 

Why did she continue the love upto his death?

 

If she was fed up with him, why did n't she left him before?

 

Were her comments in good faith, ie, for motivating the boy for performing better in future(for jobs)?

 

before charge sheeting. This is considering the argument that his depression, unstable job status, his familiy's opposition of his love marriage etc. did not play any role in his decision to commit suicide.


(Guest)

Provoking over phone or sending SMS cann't be treated as that the girl is responsible for the boy's death. if she did physical harm or poisened then girlbe comes responsible for boy's sucidial death.Due to boy's weak mentality or extreeme depression he did suicide.

prakash vathore ( lawyer)     05 December 2009

no, in ur case u cant say that the girl  abetted  the boy for suiside,

 

JANICE (mangera)     11 January 2010

you are right. if you say affair it mean only s*x.. b'coz, it is nature and always on thinking of s*x.. come out of compound and find what is going on in the world. if you ask a class mate why he was so sad he will reply you some sort of answer and go and ask for details..

 

 

 

 Dating Advice

sathya.moorthy56 (EXECUTIVE)     05 July 2011

Sir, I have doubt. suppose a girl loves a boy. But due to some reasons the boy dont love her. To punish the boy the girls writes a letter that the boy is the reason for her death  and commits suicide. What is the punishment for the boy now and how can he prove himself innocent and come out of the problem?


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