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Sushant Singh Rajput’s father KK Singh has lodged an FIR in Patna for Abetment to Suicide against six people, including actor’s girlfriend Riya Chakraborty. After this, an FIR was registered in Rajiv Nagar police station under sections 306, 341, 342, 380, 406 and 420 of IPC.
This made the matter more complicated. Questions are arising whether Riya actually instigated Sushant to commit suicide. This is the subject of investigation, and the police is looking for an answer, but how is the charge of abetting someone’s suicide proved and how much punishment is there?
What is abetment to suicide?
- According to the Indian Penal Code, section 306 of the Indian Penal Code, if a person commits suicide and if he is abetted / abetted by someone, he can be punished.
- The convict is punished with a maximum of ten years in prison and a financial penalty if proven guilty. Usually the fine charged from the convict is given as financial assistance to the kin of the deceased.
- Explanation of abetment to suicide in IPC is given in section 108. Incitement includes abetting someone, engaging in a conspiracy or committing a crime.
What a serious crime this is?
- Under this charge, if someone is arrested, his bail is from the sessions court. It is a cognizable, non-bailable and non-compoundable (non-negotiable) offense.
- In a cognizable offense, the police officer does not require an arrest warrant from the court for arrest. In a non-bailable offense, the accused can get bail only from the court.
- In non-compoundable crime, no complainant can withdraw his complaint. There can be no compromise between the accused and the complainants.
So is abetment to suicide also murder?
- No. The Supreme Court in a judgment in 1997 said that even if the intention of the accused is to incite a person to suicide, it cannot be considered murder.
- Even if the intention is the same in both cases, that person should be killed. However, both will be considered separate offenses. It would not be considered murder.
- If A incites B to provoke C to kill D, then the murder case will only go to C. B and A will be accused of abetment.
- The person who committed the murder, will be the accused. He will be punished under the other section on the person who instigated him. Not like an accused of murder.
In the case of Sushant, how will the court decide that Riya instigated him?
- In any case of abetment to suicide, two factors are necessary. One is that someone has committed suicide and second, someone has intentionally provoked him to commit suicide.
- Sushant committed suicide here. So the first factor is correct. However, under the second factor it is necessary to prove that Riya only encouraged Sushant to do so.
- The court will examine the facts and see what Riya’s intention was. Did she want Sushant to commit suicide. If not done, he will not be held guilty.
But how can the court decide someone’s intention?
- The Supreme Court had said in a case that someone said “go and die” and if that person died, it could not be considered guilty of abetment to suicide.
- It is clear that telling someone something in anger or fret is not abetment to suicide. No accused can be convicted in such a case.
- The intent of the accused will be seen in such a case. His normal behavior will be seen. If he is always speaking similar words, he will not be considered guilty.
- In a 2017 judgment, the Supreme Court had said that for the abetment, it is necessary for the accused to be connected to the crime. If there is only apprehension, then he cannot be convicted.
- Similarly, if the suicidal person is emotionally weaker than the common people, then the abetment to suicide becomes weaker.
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