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Medical Voice 11th February 2019

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Dr KK Aggarwal    10 February 2019

Delhi: Doctors named in RML radiologist’s suicide note booked for abetment.

 Dr K K Aggarwal and Advocate Ira Gupta

  1. It’s a case of abetment
  2. No, its not. Charges of abetment to suicide cannot be levelled if a "person of weak mentality" names somebody in his suicide note but a subsequent investigation fails to establish the accused persons guilt, the Punjab and Haryana High Court has ruled. "Merely because a person has been so named in the suicide note one cannot immediately jump to the conclusion that he is an offender under Section 306 I.P.C.

The contents of the suicide note, and other attending circumstances have to be examined to find out whether it is abetment within the meaning of Section 306 I.P.C. read with Section 107 I.P.C."

Section 306 in The Indian Penal Code: Abetment of suicide. —If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Section 107 in The Indian Penal Code: 107. Abetment of a thing. —A person abets the doing of a thing, who—

First: Instigates any person to do that thing; or

Secondly: Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1. —A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to dis¬close, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2. —Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.

Mere mention of the name of the accused in suicide note does not amount to abatement of suicide.

In the case of M. Mohan vs. State Represented by the Deputy Superintendent of Police, [2011 (3) Mh.L.J. (Cri.) 127], the Hon’ble Supreme Court of India has observed as under:

“44. This Court in Chitresh Kumar Chopra vs. State (Govt. of NCT of Delhi), 2011(1) Mh.L.J. (Cri.) (SC) 290 = 2009 (16) SCC 605, had an occasion to deal with this aspect of abetment. The Court dealt with the dictionary meaning of the word “instigation” and “goading”. The Court opined that there should be intention to provoke, incite or encourage the doing of an act by the latter. Each persons suicidability pattern is different from the others. Each person has his own idea of selfesteem and self-respect. Therefore, it is impossible to lay down any straight-jacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances.

  1. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
  2. The intention of the Legislature and the ratio of the cases decided by this Court are clear that in order to convict a person under section 306, Indian Penal Code there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeking no option and this act must have been intended to push the deceased into such a position that he/she committed suicide.
  3. In V.P. Shrivastava vs. Indian Explosives Limited and others, (2010) 10 SCC 361, this Court has held that when prima facie no case is made out against the accused, then the High Court ought to have exercised the jurisdiction under Section 482 of the Criminal Procedure Code and quashed the complaint.”

In the matter titled as “Gulab versus State of Maharashtra & Others, Criminal Writ Petition No. 164 of 2018 vide judgement dated 30.01.2019 the Hon’ble Division Bench of Bombay High Court, Bench at Aurangabad has held that:

“12. Death by commission of suicide must have been the desired object of the abettors; and with that in view they must have instigated, goaded, urged or encouraged the victim in commission of suicide. The instigation may be by provoking or inciting the person committing suicide and this instigation may be gathered by positive acts done by the abettors or by omission in the doing of a thing. Thus, the acts or omission committed by the abettors immediately before the commission of suicide are vital. The mere fact that certain persons have been named in the suicidal note to be responsible for his death is not by itself a ground to fasten one with the charge of abetment. In terms of Section 107, it must prima facie appear to hold that the person named in the suicide note to be responsible for commission of suicide has abetted in the act. The act for conduct of the accused, even if there may be any, however, insulting and abusive those may be, will not by themselves suffice to constitute abetment of commission of suicide, unless those are reasonably capable of suggesting that the accused intended by such acts consequence of suicide.”

 

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REGISTER COMPLAINTS OF VIRGINITY TEST AS SEXUAL HARASSMENT CASE’, INSTRUCTS MAHARASHTRA GOVERNMENT

Dr K K Aggarwal and advocate Ira Gupta

On Wednesday i.e. 06.02.2019, in a crackdown on the reported cases of a ‘virginity test’ being performed on newly-wed women of the Kanjarbhat community, the Maharashtra State Government has said it would soon take steps to ensure that such complaints are treated as cases of sexual harassment. The Minister of State for Home said that the state government would issue a notification directing police stations to register a case of sexual harassment in case a woman comes with a complaint of having been forced to take the ‘virginity test’.

 A district-wise review of the action taken against caste panchayats, in cases of social boycott, will be conducted by the protection of civil rights (PCR) committees of the police. “Virginity test is a kind of sexual harassment of newly-married woman. If the victim in a virginity test incident is ready to file a complaint, it will be considered a case of sexual harassment and action will be taken accordingly by the investigation agency. Complaints in this regard can be filed with the concerned deputy commissioners of police (DCPs) or crime against women cells. The legal service authority will provide essential help to the victims”. The minister has agreed to issue a notification in this regard.

Some young members of the Kanjarbhat Community have been campaigning through a WhatsApp group against the practice, in which a newly-married woman is allegedly asked to provide proof of her virginity on the wedding night.

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