Sec 306 and 309 IPC

Suicide is not an offence.

Only attempt to suicide (309 IPC) and abetment of suicide by another person(306 IPC) are offences.

If somebody by his acts or actions or behaviour instigates another to commit suicide it becomes an an offence as contemplated under section 306 of IPC.  On the other hand if anyone who by his own act attempts suicide and if the attempt does not results in death he is punishable under 309 of IPC, though there was a constitutional controversy in respect of this section as contemplated under artice 21 of he Indian Constitution where the right to life includes also the right to die which was reversed in a latter judgwemnt of the apex court that said section309 of IPC is constitutionally valid.

Ramakrishnan V

1.  'A' is suffering from a mental illness (schizo-affective disorder - Bipolar) since the last 3 years.
2. As per medical evidence, the nature of his illness makes him susceptible to committing suicide by 20% - 50% more than a normal person.
3. "B" is a very powerful Promoter against whom there are 2 pending cases U/s.156(3) for cheating which were  filed by the father of "A" , but on which the Police has not taken any action.
4. "B" is aware that "A" is suffering from the said mental illness.
5. "B"  unlawfully accesses the "Credit Information Record" of "A" from CIBIL (Credit Information Bureau of India Ltd).
6. "B" posts the said Credit Records of "A" on a website and mails it to various persons & entities worldwide thereby causing huge mental anguish to "A".
7. The Legal Advisor of "A" warns "B" that "B" is misusing the said CIBIL reports to criminally intimidate his client "A" and also threatens to check the veracity of the said Reports and  how "B" could access the same.
8. "B" then threatens "A" by an e-mail that he will ensure that "A" is imprisoned for defaulting  loan payments to a Bank if the matter of CIBIL records is investigated by his lawyer .
9. After getting the above mail "A" goes into a state of deep depression and starts contemplating suicide (as reported by his psychiatrist/therapist)

Under the circumstances, can "B" be charged U/S: 306 IPC for instigating suicide or is the victim actually required to commit suicide under instigation for the charge to stick?

Can the threat also be viewed as 'criminal intimidation' and/or attempts to commit 'extortion'.

I am planning to file a case against "B" U/s: 156(3) and if any one is interested then I can e-mail the draft petition of complaint.

Respected Partha Roy,

I know you laugh within your sleeve when you posted the querry and the sly smile is writ large on the face of the question but let me not loose the wood being cought in the thickets of branches.

The defination of 299 of IPC would solve the issue and Babington Macal when he drafted he was years ahead of the law which is why only aeromplanes that were non existant during his time can be brought into the defination of theft and electricity if considered as a movable thing it becomes a theft.

Coming to section 299 the IPC defines the same as

Respected Mr. Ramakrishnan V

Thank you for your kind reply.

The question I asked is very much based on true facts and the mentally ill person referred to is my own son.

To know more about how we are being victimized by a Promoter with the cooperation of politicians and Police officials you may like to visit our website by clicking the u.r.l given below.

https://sites.google.com/site/merlinprojectsunionbanksite/

I am submitting the attached petition U/s 156(3) shortly. The same is attached.

Regards

Partha Roy

Respected Sir,

If the police does not intitiate any action lodge a human rights petition before the state Human rights forum against the police and the judge if erring.  Further also you can lodge a private complaint under 200 of Cr.P.C to take congisance which you can do after consulting your lawyer

Thank you but I commeserate with your loss and mental agony.  only a father can Know how much it pains for the loss of the son

Yours,

Ramakrishnan. V.