Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mehul Rathod   10 July 2018

What if person admits in Court proceeding that he commuted c

A lady has filed 498a against her husband and in-laws.. FIR registered Nothing mentioned of suicide attempt.. Her self written statement after 3 days of FIR she has mentioned to attempted suicide with child.. On very same day she gave statement to police that no such incidence has happened.. Same day of this statement she filed DV and did not mentioNed anything of suicide attempt. However she in examination in chief admitted that she attempted suicide with her daughter before running train but something happened and she fell down and was saved by people.. can she be booked under Attempt to murder of daughter.. What shall be procedure


Learning

 4 Replies

Dr J C Vashista (Advocate)     10 July 2018

Hypothetical statement for debate.

TGK REDDI   10 July 2018

A hypothetical Query or an academic Query is, I think, as good as a real Query for improving our knowledge and, therefore, is not to be deprecated.

Yes.     It's an attempt to murder and an attempt to suicide.     Both are offences.       But admissions or confessions needn't necessarily be relied on by Courts.

Proofs, proofs and proofs are, in theory, required.

G.L.N. Prasad (Retired employee.)     10 July 2018

Ultimately it is  humanity that should prevail.  Do not flog a dead horse.   She is already in troubles, do not trouble her further.  First of all it is very difficult to establish, as mother can at the last moment also might have changed her decision.  The decision taken in a fit of anger is different from criminal mind.

Mehul Rathod   10 July 2018

However if she again admitted before honorable court in examination in chief that she attempted suicide with her daughter.. Now what to say can't it be conaidered as an admission

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register