The Bombay High Court in its recent order has granted anticipatory bail to a woman accused of abetting her husband’s suicide. According to the High Court, the wife’s conduct was not the only reason for her husband to die by suicide, reported Law Today.
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Case:
The couple got married in 2007 and have a daughter. Over the years, the wife had been pressurising her husband to live separately from his parents.
Even after the husband moved out of their joint family home within Kolhapur, the matrimonial fights did not cease, leading to multiple police complaints and divorce proceedings initiated by both parties.
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Husband Suicide
On February 20, 2024, the husband was found hanging in his mother’s home, post which she filed a police case of abetment to suicide against her daughter-in-law and granddaughter.
According to the husband’s mother, her son had confided in her on the same day before taking his life.
The complaint also mentioned financial pressures due to loans taken by the man’s wife and disapproval of the daughter’s relationship.
Arguments by Wife’s Lawyer
Advocate Omkar Chitale argued that the deceased husband had been staying away from his matrimonial home since a month. He also informed court that the wife had filed an FIR against the husband’s family, which was her legal right. He strongly argued that the ingredients of ‘abetment‘ were not established.
Defense by APP
The state, represented by Additional Public Prosecutor Poonam Bhosale, directed the court to a complaint filed by the husband alleging harassment by his wife and others. Advocate Paras Yadav, who represented the husband’s mother also echoed the same grievances of the deceased.
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Bombay High Court
Justice Sarang Kotwal of the Bombay High Court went through the evidences on record and observed that there were multiple disputes and grievances presented by both parties. Since there were allegations and counter-allegations, the High Court was of the opinion that a trial will bring out the real facts of the case.
The bench emphasised that the deceased’s suicide was influenced by various factors, not solely the wife’s conduct. The court was also of the view that the custodial interrogation of the woman was unnecessary at this stage. Concluding the matter while granting bail to the wife, the Court said:
Considering the stand taken by both the parties, at this stage, it is difficult to observe that the woman’s conduct was the only cause driving the deceased to commit suicide.
All these factors will have to be ultimately decided during trial. Considering these facts, the woman’s custodial interrogation is not necessary.
Man Ends Life Inside Police Station Alleging False Abetment To Suicide Case By In-Laws
306. 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.
- Abetment to suicide is an offence tried in a Sessions court and is cognizable, non-bailable and non-compoundable in nature
- Cognizable offence: A police officer can make an arrest without a warrant from a court
- Non-bailable offence: Bail is granted to the accused at the discretion of the court, and not as a matter of right
- Non-compoundable offence: The case cannot be withdrawn by the complainant even when the complainant and the accused have reached a compromise. The court will not allow withdrawal of a case involving a non-compoundable offence
Who is the Abettor? Section 108 IPC
A person abets an offence, who abets either the commission of a crime or the commission of such an act, which would have been an offence if committed by a person capable by law of committing an offence with the same purpose or information as that of the abettor.
- He/She instigates someone to commit suicide
- He/She takes part in a conspiracy to make a person commit suicide
- He/She helps the victim deliberately so he can commit suicide by doing an act or not doing something that he was bound to do
Read here in detail.
Voice For Men India:
- The law is very clear on defining what is “abetment to suicide”. Bail is a fundamental right if custodial interrogation is not required and the accused is not capable of influencing the case
- However, there are enough examples of gender bias with regards to granting bail in abetment to suicide cases
- Whenever, a wife dies by suicide, her husband and in-laws are presumed guilty, arrested on mere word of the wife’s family. Most often in such cases, it is very difficult for the husband in particular, to procure bail
- Whenever, a husband dies by suicide, often leaving suicide notes, the matter may be sent to trial, however, the wife and her family roam freely (on bail) for years/decades. By the time, any judgment is pronounced, husband’s parents are either dead or give up the fight for their son’s justice
- This is not limited to matrimonial battles only. There are several cases where boyfriends have been picked up and thrown in jail whenever their female partners died by suicide, while the courts are extremely liberal in allowing bail/acquittal to the girlfriends, labelling their male partners as “weak”, if genders get reversed
DO WATCH:
NCRB SUICIDE REPORT 2021 | GENDER WISE ANALYSIS | MEN’S RIGHTS INDIA | VOICE FOR MEN INDIA
ALSO WATCH:
Rahul Agarwal Died By Suicide In May 2022 Leaving Behind The Below Video.
Thanks to the loopholes in the law, his family could never get his Wife/In-Laws even arrested.
Rahul Agarwal from Rourkela, Odisha, has ended life due to the draconian Section #498A law.
He leaves behind his last video accusing his father-in-law, mother-in-law & brother-in-law of harassment.
Cont… pic.twitter.com/ZbR6i0qhyu
— Voice For Men India (@voiceformenind) May 6, 2022
LEAVE YOUR COMMENTS BELOW:
Bombay HC Grants Anticipatory Bail To Woman Accused Of Husband's Abetment To Suicide
▪️Husband's mother alleged harassment & financial pressure due to loans taken by son's wife
▪️Wife's lawyer argued filing cases was her legal right#HusbandSuicidehttps://t.co/1TGERpbwTl— Voice For Men India (@voiceformenind) March 29, 2024
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