Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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siddharthan (student)     23 February 2010

Sec 306 and 309 IPC

1. Under which circumstances suicide is an offence u/s 306 and 309 of I.P.C.

2. pls give citations supporting your answer



Learning

 6 Replies

Feroz M Shafeeque (Police Officer)     23 February 2010

Suicide is not an offence.

Only attempt to suicide (309 IPC) and abetment of suicide by another person(306 IPC) are offences.

Ramakrishnan.V (Lawyer)     23 February 2010

If somebody by his acts or actions or behaviour instigates another to commit suicide it becomes an an offence as contemplated under section 306 of IPC.  On the other hand if anyone who by his own act attempts suicide and if the attempt does not results in death he is punishable under 309 of IPC, though there was a constitutional controversy in respect of this section as contemplated under artice 21 of he Indian Constitution where the right to life includes also the right to die which was reversed in a latter judgwemnt of the apex court that said section309 of IPC is constitutionally valid.

Ramakrishnan V

Partha Roy (Management Consultant)     24 February 2010

Here is my question:
  1.  'A' is suffering from a mental illness (schizo-affective disorder - Bipolar) since the last 3 years.
  2. As per medical evidence, the nature of his illness makes him susceptible to committing suicide by 20% - 50% more than a normal person.
  3. "B" is a very powerful Promoter against whom there are 2 pending cases U/s.156(3) for cheating which were  filed by the father of "A" , but on which the Police has not taken any action.
  4. "B" is aware that "A" is suffering from the said mental illness.
  5. "B"  unlawfully accesses the "Credit Information Record" of "A" from CIBIL (Credit Information Bureau of India Ltd).
  6. "B" posts the said Credit Records of "A" on a website and mails it to various persons & entities worldwide thereby causing huge mental anguish to "A".
  7. The Legal Advisor of "A" warns "B" that "B" is misusing the said CIBIL reports to criminally intimidate his client "A" and also threatens to check the veracity of the said Reports and  how "B" could access the same.
  8. "B" then threatens "A" by an e-mail that he will ensure that "A" is imprisoned for defaulting  loan payments to a Bank if the matter of CIBIL records is investigated by his lawyer .
  9. After getting the above mail "A" goes into a state of deep depression and starts contemplating suicide (as reported by his psychiatrist/therapist)

Under the circumstances, can "B" be charged U/S: 306 IPC for instigating suicide or is the victim actually required to commit suicide under instigation for the charge to stick?

Can the threat also be viewed as 'criminal intimidation' and/or attempts to commit 'extortion'.

I am planning to file a case against "B" U/s: 156(3) and if any one is interested then I can e-mail the draft petition of complaint.

Ramakrishnan.V (Lawyer)     24 February 2010

Respected Partha Roy,

I know you laugh within your sleeve when you posted the querry and the sly smile is writ large on the face of the question but let me not loose the wood being cought in the thickets of branches.

The defination of 299 of IPC would solve the issue and Babington Macal when he drafted he was years ahead of the law which is why only aeromplanes that were non existant during his time can be brought into the defination of theft and electricity if considered as a movable thing it becomes a theft.

Coming to section 299 the IPC defines the same as

 

Section 299. Culpable homicide

Who ever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, with the intention of there by causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z's death, induces B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

Explanation 1-A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation 2-Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

Explanation 3-The causing of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.
Thus by the explanation appended to the above section he instigates to commit death and accelarates his death because of the mental illnes that makes the accused liable for offences causing murder and also the suicide as per Indian penal Code.

Partha Roy (Management Consultant)     25 February 2010

Respected Mr. Ramakrishnan V

Thank you for your kind reply.

The question I asked is very much based on true facts and the mentally ill person referred to is my own son.

To know more about how we are being victimized by a Promoter with the cooperation of politicians and Police officials you may like to visit our website by clicking the u.r.l given below.

https://sites.google.com/site/merlinprojectsunionbanksite/

I am submitting the attached petition U/s 156(3) shortly. The same is attached.

Regards

Partha Roy


Attached File : 30 30 it act complaint 26 02 10.doc downloaded: 123 times

Ramakrishnan.V (Lawyer)     25 February 2010

Respected Sir,

If the police does not intitiate any action lodge a human rights petition before the state Human rights forum against the police and the judge if erring.  Further also you can lodge a private complaint under 200 of Cr.P.C to take congisance which you can do after consulting your lawyer

Thank you but I commeserate with your loss and mental agony.  only a father can Know how much it pains for the loss of the son

Yours,

Ramakrishnan. V.


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