Suppose some one(Girl) has commited sucide followed by sucide note
Sucide note claims
1. Accusing someone for Sexual abuse or Molestation or rape or similiar nature & this has happend before 2 or more years and no evidence
Can police raise FIR & arrest someone on this ?
Does limitation Act applies to this (what happens if 3 or more years crossed).
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Same sconerio what if the girl is minor ??
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 June 2012
1. There is no period of limitation for 306/376 being serious offences.
2. 376 prosecution is out of question in such case as most important evidence i.e medical/prosecutrix's testimony won't be forthcoming.
3. 306 proseuction won't be very strong as well because victim comes across to be hypersensitive, and establishing cause effect relationship (close nexus) between instigation/abetment and suicide would be difficult.
4. Suicide Note is dying declaration as it reflects the Cause of death/circumstances of the transaction that resulted in her death.
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