Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]
6 years, 3 months ago

Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]

Live Law  

“At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.”The Supreme Court has observed that before an investigation is complete, a high court, in a petition filed by the accused under Section 482. “At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.” The Supreme Court has observed that before an investigation is complete, a high court, in a petition filed by the accused under Section 482 CrPC, could not go into the aspect whether there was requisite mental element or intention on part of the accused. Assailing this order, it was contended before the apex court that the high court was not justified in entering into questions whether the record prima facie established that the respondent had requisite intention in order to bring the matter within the confines of Section 306 IPC and in quashing the FIR in exercise of jurisdiction under Section 482 CrPC. At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.” Setting aside the high court order, the bench directed the police to complete the investigation as early as possible.

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History of this topic

Manav Sharma Suicide | 'FIR Prima Facie Reveals Commission Of Cognizable Offence': Allahabad HC Denies Relief To In-Laws
1 week, 5 days ago

Manav Sharma Suicide | 'FIR Prima Facie Reveals Commission Of Cognizable Offence': Allahabad HC Denies Relief To In-Laws

Live Law  

In the abetment of the suicide case of 25-year-old TCS Manager, Manav Sharma, the Allahabad High Court on Wednesday refused to quash an FIR lodged against his in-laws in Agra. Noting that the FIR against them prima facie reveals the commission of the cognizable offence, a bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar dismissed their writ plea. …

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established
1 week, 5 days ago

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established

Live Law  

While granting bail to the husband-accused in wife's suicide case, the Rajasthan High Court ruled that even though as per the prosecution the husband used to beat the wife, and misbehaved with her, there was no direct evidence to show that he did any act to instigate or aid his wife's suicide. Without there being a positive act on the …

Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide
2 weeks, 1 day ago

Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide

Live Law  

The Punjab & Haryana High Court has granted anticipatory bail to a wife accused of abetting the suicide of her husband, observing that no serious fight in the recent past has been shown in the alleged suicide note. The Court noted that prima facie, as per the alleged suicide note, the husband was perturbed with the unwarranted desire of the …

Person with severe stress who is accused of attempting suicide cannot be tried, says HC
1 month ago

Person with severe stress who is accused of attempting suicide cannot be tried, says HC

The Hindu  

A Division Bench of the Kerala High Court has held that an accused who attempts suicide after committing a crime cannot be tried or punished not only for the offence of attempting suicide but also for any other offences committed unless it is proved that the accused is not having severe stress. The court observed that “Section 115 of the …

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC
1 month, 1 week ago

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC

Live Law  

The Calcutta High Court has held that a mere threat of implicating someone in a false criminal case, without any positive act that pushes the victim over the edge, would not be sufficient to attract the offence of abetment to suicide under Section 306 of the IPC.Justice Ajoy Kumar Mukherjee held: "There is no material against the petitioners of such …

If A Intends To Kill B But Mistakenly Kills C, Intention To Kill C Is Attributed To A : Supreme Court Explains 'Transmigration Of Motive'
1 month, 2 weeks ago

If A Intends To Kill B But Mistakenly Kills C, Intention To Kill C Is Attributed To A : Supreme Court Explains 'Transmigration Of Motive'

Live Law  

The Supreme Court recently observed that Section 301 of the IPC reflects the doctrine of transfer of malice or the transmigration of motive. Under the Section, if A intends to kill B, but kills C whose death he neither intends nor knows himself to be likely to cause, the intention to kill C is by law attributed to him.” “If …

Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC
1 month, 3 weeks ago

Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that allowing quashing of FIR for offence of abetting suicide on the basis of compromise is against rule of law, observing that the victim being deceased couldn't give consent and the crime has large implication on society.Justice Sumeet Goel said, "A settlement between the accused and the complainant, who merely initiated the …

DC Edit | Suicide abetment: Caution by SC
2 months ago

DC Edit | Suicide abetment: Caution by SC

Deccan Chronicle  

The Supreme Court’s direction to investigating agencies not to subject people to “the abuse of the process of a totally untenable prosecution” and to the trial courts to “exercise great caution and circumspection” and “not adopt a 'play it safe' policy by mechanically framing charges” in the case of alleged abetment to suicide has come as an important course correction …

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court
2 months, 1 week ago

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court

Live Law  

The Supreme Court on Friday reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. "Section 306 IPC appears to be casually and too readily resorted to by the police," the Court said.The Court stated that the provision reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. …

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court
2 months, 1 week ago

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

Live Law  

The Bombay High Court bench at Nagpur on Wednesday held that just because a woman committed suicide after her 'long standing relationship' was broken up by the man, he cannot be booked for abetting her suicide. Justice Urmila Joshi-Phalke discharged a man booked for abetting the suicide of a woman, with whom he was in a relationship for 9 years. …

Why don’t you want probe: Karnataka HC rejects plea to quash FIR in Atul Subhash suicide case
2 months, 2 weeks ago

Why don’t you want probe: Karnataka HC rejects plea to quash FIR in Atul Subhash suicide case

New Indian Express  

BENGALURU: Karnataka High Court on Monday rejected the plea for quashing of FIR against Nikita Singhania in connection with the alleged suicide case of Bengaluru techie Atul Subhash. Subhash, an automobile company employee in Bengaluru had died by suicide over alleged torture and demand of Rs 3 crore by his wife Nikita Singhania for divorce settlement. The bench in disapproval …

Important to establish instigation in abetment to suicide cases: Supreme Court
3 months ago

Important to establish instigation in abetment to suicide cases: Supreme Court

India Today  

The Supreme Court on Friday said it was important to establish proof of direct or indirect acts of instigation by the accused to attract the abetment of suicide offence. "To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 1 week ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
3 months, 1 week ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Trending News
3 months, 1 week ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Mere harassment not sufficient to find accused guilty of abetting suicide: Supreme Court
3 months, 2 weeks ago

Mere harassment not sufficient to find accused guilty of abetting suicide: Supreme Court

The Hindu  

Mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement, the Supreme Court has said. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide,” the Bench said in its December 10 judgement. The Supreme Court said Section 306 …

If Laws Were Suitably Drafted To Deal With Money Recovery, Victim Wouldn't Have Committed Suicide On Being Cheated: Punjab & Haryana HC
3 months, 2 weeks ago

If Laws Were Suitably Drafted To Deal With Money Recovery, Victim Wouldn't Have Committed Suicide On Being Cheated: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has observed that the alleged victim's instigation to commit suicide would not have come "if the laws were suitably drafted and enacted to tackle and deal" with the situation, wherein the accused persons failed to return the deceased person's money. Stating that the pre-arrest bail cannot be rejected, the judge reasoned, "There are specific …

Break-ups not abetment of suicide by default, says SC
3 months, 3 weeks ago

Break-ups not abetment of suicide by default, says SC

New Indian Express  

NEW DELHI: Emotionally distressing broken relationships do not automatically amount to abetment of suicide unless there is clear intention linked to the criminal offence, the Supreme Court has observed. “This is a case of a broken relationship, not criminal conduct,” a two-judge bench of the apex court, led by Justice Pankaj Mithal, and also comprising Justice Ujjal Bhuyan, said, in …

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
3 months, 3 weeks ago

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court

Live Law  

The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide because his lover committed suicide upon his refusal to marry her. The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. “Even assuming, though …

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court
4 months, 2 weeks ago

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court

Live Law  

The Karnataka High Court has said that a husband committing suicide allegedly due to his wife having an illicit relationship with another man cannot be a ground to convict the wife for charges of abetment to suicide. It said “The act of accused persons having illicit relationship does not amount to abetment to commit suicide. On going through the evidence …

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court
6 months, 3 weeks ago

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court

Live Law  

The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence. Instigation or otherwise of a husband for commission of suicide of the wife can only be deciphered in a full blown trial.” As per the prosecution case, the couple …

Abused Partner With Criminal Intention, Said That Even If She Committed Suicide He Will Face Court: Karnataka HC Declines Relief To Man Booked U/S 306 IPC
7 months, 1 week ago

Abused Partner With Criminal Intention, Said That Even If She Committed Suicide He Will Face Court: Karnataka HC Declines Relief To Man Booked U/S 306 IPC

Live Law  

The Karnataka High Court has dismissed a petition filed by an accused who sought to quash the prosecution initiated against him after a woman with whom he was in a relationship, committed suicide by hanging herself after he refused to marry her. It said “Once a statement were given in respect of the love affairs, death note and CDR prior …

Chain of evidence complete: HC in Bhanu Kiran case
10 months, 3 weeks ago

Chain of evidence complete: HC in Bhanu Kiran case

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court held that while convicting a person “the circumstances should be such that they exclude every possible hypothesis except the one to be proved. It has been held that there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence …

If a person dies by suicide due to ‘love failure’, the partner cannot be held accountable for abetting it, says High Court
11 months, 1 week ago

If a person dies by suicide due to ‘love failure’, the partner cannot be held accountable for abetting it, says High Court

The Hindu  

April 18, 2024 05:05 am | Updated 05:05 am IST - NEW DELHI The Delhi High Court has observed that a person cannot be held accountable for abetting the suicide of a partner who ends life due to “love failure”. “For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having …

Woman can't be held accountable if lover dies by suicide due to ‘love failure’: Delhi High Court
11 months, 1 week ago

Woman can't be held accountable if lover dies by suicide due to ‘love failure’: Delhi High Court

India TV News  

New Delhi: The Delhi High Court observed that if a “lover” dies by suicide due to “love failure”, then the woman cannot be held accountable for abetting the man’s suicide while granting pre-arrest bail to two persons in an abetment of suicide case. A single-judge bench of Justice Amit Mahajan, in its April 16 order, held, "If a lover commits …

'No Instigation': Gujarat High Court Grants Relief To Teacher Booked For Abetting Student's Suicide By Slapping Him In Class
11 months, 2 weeks ago

'No Instigation': Gujarat High Court Grants Relief To Teacher Booked For Abetting Student's Suicide By Slapping Him In Class

Live Law  

The Gujarat High Court has quashed the FIR lodged against a school trustee and teacher from Surat for allegedly abetting a student's suicide. Justice Divyesh Joshi, presiding over the case, while expounding on the question as to whether the applicants instigated the deceased to commit suicide or not, observed, “To attract the first clause, there must be instigation in some …

Partner Can’t Be Booked for Abetment if Man or Woman Commit Suicide After Break-Up: Chhattisgarh HC
1 year, 3 months ago

Partner Can’t Be Booked for Abetment if Man or Woman Commit Suicide After Break-Up: Chhattisgarh HC

News 18  

If a man or a woman commits suicide due to heart break, his partner cannot be held responsible for the death, stressed the Chhattisgarh High Court, which recently quashed the order of framing ‘abetment to suicide’ charges against a girl and her brothers in a case of suicide of her former boyfriend. The bench of Justice Parth Prateem Sahu said …

Delhi High Court Grants Bail To Man Accused Of Murdering Wife, Reiterates Ligature Marks In Case Of Hanging Different From Strangulation
1 year, 4 months ago

Delhi High Court Grants Bail To Man Accused Of Murdering Wife, Reiterates Ligature Marks In Case Of Hanging Different From Strangulation

Live Law  

The Delhi High Court on Monday granted bail to a man being prosecuted under Sections 302, 498A and 201 IPC, in relation to his wife’s death. The deceased’s biological father had given a statement under Section 161 CrPC, where it was recorded that after marriage, the deceased would come to his house and complain that the petitioner tortured her for …

'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority
1 year, 6 months ago

'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority

Live Law  

The Supreme Court on Monday granted bail to a septuagenarian convicted of raping and murdering his niece in view of the extraordinary delay of 40 years in the completion of the trial. The bench also expressed surprise at the convict being sent to custody after 40 years since the incident, even while his appeal is pending in the high court …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court
1 year, 7 months ago

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court

Live Law  

The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal Code.In this case, a chargesheet was lodged against the accused under Section 306 IPC. The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 9 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Karnataka High Court Upholds Woman's Acquittal Accused Of Abetting Partner's Suicide By Cheating On Him
2 years, 5 months ago

Karnataka High Court Upholds Woman's Acquittal Accused Of Abetting Partner's Suicide By Cheating On Him

Live Law  

The Karnataka High Court has dismissed an appeal filed by the State government challening an order passed by the trial court acquitting a woman accused of abetting the suicide of a man who was in a relationship with her. A single judge bench of Justice Sreenivas Harish Kumar dismissed the appeal filed against the order acquitting the accused/respondent for the …

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court
2 years, 5 months ago

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

Live Law  

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the …

[MP Mohan Delkar Suicide] Bombay High Court Quashes Abetment FIR Against Dadra & Nagar Haveli Administrator & 8 Others
2 years, 6 months ago

[MP Mohan Delkar Suicide] Bombay High Court Quashes Abetment FIR Against Dadra & Nagar Haveli Administrator & 8 Others

Live Law  

The Bombay High Court on Thursday quashed FIR against Dadra and Nagar Haveli Administrator Praful Khoda Patel, Collector Sandeep Kumar Singh, Police Superintendent Sharad Darade, and other authorities for allegedly abetting suicide of Mohanbhai Sanjibhai Delkar, seven times Member of Parliament of Dadra and Nagar Haveli. " His son Abhinav Delkar accused the petitioners of abetting the suicide in an …

Section 306 IPC - Abetment Of Suicide A Heinous Offence ; Cannot Be Quashed On The Basis Of Compromise : Supreme Court
2 years, 7 months ago

Section 306 IPC - Abetment Of Suicide A Heinous Offence ; Cannot Be Quashed On The Basis Of Compromise : Supreme Court

Live Law  

The Supreme Court observed that an FIR under Section 306 IPC cannot be quashed under Section 482 CrPC on the basis of settlement.The bench comprising Justices Indira Banerjee and V. Ramasubramanian observed that 'abetment of suicide' also falls in the category of heinous and serious offences and are to be treated as crime against society and not against the. The …

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings
3 years, 1 month ago

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings

Live Law  

At least there has to be some factual supporting material for what has been alleged in the FIR, the Supreme Court observed while quashing criminal proceedings against a woman.The case of the complainant as recording in the FIR was as follows: The accused entered into marriage with the complainant's brother on 11th December, 2016, and thereafter she started to harass …

"Testimony Of Sole Eyewitness Not Truthful": Allahabad HC Sets Aside Convict's Life Sentence In A 23-Yr-Old Murder Case
3 years, 1 month ago

"Testimony Of Sole Eyewitness Not Truthful": Allahabad HC Sets Aside Convict's Life Sentence In A 23-Yr-Old Murder Case

Live Law  

The Allahabad High Court on Wednesday set aside the life sentence of a murder convict in a case that dates back to the year 1998, after concluding that the testimony of the sole eye witness in the case isn't truthful on a material particular and is inconsistent as well.The Bench of Justice Manoj Misra and Justice Sameer Jain, in its …

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
3 years, 1 month ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
3 years, 1 month ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Greatest Sensitivity Needed In Custodial Death Cases, Judicial Inquiry Can't Be Dragged For Long: Allahabad High Court
3 years, 2 months ago

Greatest Sensitivity Needed In Custodial Death Cases, Judicial Inquiry Can't Be Dragged For Long: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that in matters, where the allegation is with regard to custodial death, judicial inquiry u/s 176 A CrPC can't be allowed to drag for long as these are instances that have to be viewed with the greatest sensitivity and concern.The Bench of Justice Ashwani Kumar Mishra and Justice Deepak Verma observed this while …

Why Does the ‘Suicide’ Theory in Narendra Giri Case Raise Questions?
3 years, 6 months ago

Why Does the ‘Suicide’ Theory in Narendra Giri Case Raise Questions?

The Quint  

Four days after he was found hanging from the fan in the bedroom of his multi-million Bagambari Mutt in Prayagraj, the mystery behind the death of widely revered seer Mahant Narendra Giri has deepened. Meanwhile, amidst demands from multiple quarters for a probe by an independent agency as they dumped the “suicide” theory aggressively floated by the Uttar Pradesh police, …

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage
3 years, 6 months ago

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage

Live Law  

The Supreme Court quashed criminal proceedings against a girl accused of abetting suicide of a man by allegedly refusing to marry him.The bench of Justices R. Subhash Reddy and Hrishikesh Roy reiterated that Section 306 of the Indian Penal Code will not be attracted if there was no positive act on the part of the accused to instigate or aid …

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court
3 years, 6 months ago

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court

Live Law  

The Supreme Court observed that mere quarrel on the day of occurrence cannot attract the offence of abetment of suicide under section 306 of the Indian Penal Code.The bench of Justices MR Shah and Aniruddha Bose reiterated that mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the …

Mere Refusal To Repay Loan Not An Act Of Abetment To Commit Suicide: Jammu & Kashmir High Court
3 years, 6 months ago

Mere Refusal To Repay Loan Not An Act Of Abetment To Commit Suicide: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has held that although different persons may react to a particular situation differently, mere refusal to repay a loan cannot in any way be considered to be an act of abetment to drive someone to commit suicide.In this regard, Justice Rajnesh Oswal added,"In order to constitute an offence of abetment, the act …

Issuance Of Legal Notice And Filing Of A Complaint Case Not Abetment Of Suicide Under Indian Penal Code: Delhi High Court
3 years, 7 months ago

Issuance Of Legal Notice And Filing Of A Complaint Case Not Abetment Of Suicide Under Indian Penal Code: Delhi High Court

Live Law  

The Delhi High Court on Monday held that issuance of a legal notice and filing of a complaint case against a person is not abetment of suicide within the meaning of sec. 306 of Indian Penal Code.Observing that filing of a criminal complaint is a legal recourse as advised to a person, Justice Manoj Kumar Ohri said:"It cannot be said …

Suicide victim naming a person must be probed with all seriousness: HC
3 years, 7 months ago

Suicide victim naming a person must be probed with all seriousness: HC

Hindustan Times  

The Punjab and Haryana high court has said that a person levelling allegations of abetment against other persons before committing suicide ought to be probed with all seriousness. The court was hearing a petition of a Rewari woman who along with her husband was named by a person in his suicide note. If a person committing suicide holds someone else …

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court
3 years, 8 months ago

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court

Live Law  

The Supreme Court observed that an accused cannot be discharged for an offence under Section 306 of the Indian Penal Code while confirming the charge under Section 304B IPC.In this case, within a period of about 15 months of marriage, a married woman committed suicide, leaving behind two suicide notes. The Supreme Court observed that an accused cannot be discharged …

A Prima Facie Evaluation Of FIR Does Not Disclose Offence Of Abetment To Suicide Against Arnab Goswami : Supreme Court
4 years, 3 months ago

A Prima Facie Evaluation Of FIR Does Not Disclose Offence Of Abetment To Suicide Against Arnab Goswami : Supreme Court

Live Law  

The Supreme Court, in its judgment today, observed that, on prima facie evaluation of FIR lodged against Arnab Goswami, it cannot be said that he was guilty of having abetted the suicide within the meaning of Section 306 of the IPC. The bench comprising Justices DY Chandrachud and Indira Banerjee said that the High Court failed to evaluate prima facie …

Sushant Death Probe: AIIMS report rules out murder theory, CBI to investigate 'abetment to suicide'
4 years, 5 months ago

Sushant Death Probe: AIIMS report rules out murder theory, CBI to investigate 'abetment to suicide'

India TV News  

After AIIMS forensic team submitted the final report to the Central Bureau of Investigation in the Sushant Singh Rajput death case, the agency has ruled out murder theories. While the late actor's family and their lawyer had alleged that there were strangulation marks on Sushant's neck and he was murdered, the AIIMS report has dismissed the theories and called it …

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