Can an ex-girlfriend be booked for abetting suicide of her boyfriend, after break up? As per a PTI report, an additional sessions court in Mumbai acquitted a woman stating:
Suicide due to mental trauma after a break-up does not make for a case of abetment.
Bengaluru Woman Ends Life After Receiving Divorce Notice; Husband Arrested For Abetment To Suicide
Case:
Manisha Chudasama was in a relationship with Nitin Keni. However, after the couple broke up, Manisha got married to her fiance Rajesh Panwar.
On January 15, 2016, Nitin was found hanging in his house and was declared dead after being rushed to a hospital.
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Submissions by Prosecution
The prosecution informed court that Nitin was in a relationship with Manisha, but she dumped him and got engaged to Rajesh. The prosecution alleged that Manisha and Rajesh had mentally tortured the victim driving him to suicide.
Arguments by Accused
The defence contended that it was Nitin who was stalking Manisha and she had lodged a police complaint against him, but he persisted.
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Mumbai Court
In its order dated February 29, 2024, Additional Sessions Judge NP Mehta observed:
Morally, it is incorrect to switch love partner at one’s whims and fancies, but if one sees from the provision of penal law, no remedy lies with the victim whose partner has switched his or her love relationship with other on her/his choice.
The Judge elaborated that to constitute ‘abetment under 306 of the Indian Penal Code’ there should be active suggestion, instigation or encouragement on the part of the accused to push the deceased to commit suicide.
The Court added:
A person gets emotionally broken if the partner to whom he loves breaks the relationship without any reason. If there are hard breaks in a love relationship and one partner commits suicide because of mental trauma would not bring his case under section 107 read with 306 of the IPC.
The court also said that from the testimony of the prosecution, it appears that the deceased was “upset and mentally disturbed’, and went into a depressive state of mind soon after he found out about Manisha’s relationship with Rajesh. Acquitting the accused, the Court concluded:
Assuming Manisha got engaged to Rajesh after breaking up with Nitin, the circumstance should not have caused him to take extreme steps.
Voice For Men India Take:
- Suicide is the worst form of action undertaken by any partner after a break up
- Of course, only the person who takes such a step knows his/her condition at that spur of the moment
- However, what does one achieve by ending life? Your partner has moved on, why would you waste your precious life for her/him?
- While the law on abetment to suicide is clear, sadly, when genders are reversed boyfriends are immediately arrested upon such unfortunate events
- Infact, boyfriends are even arrested on charges of rape, if they decide to back out from marriage or break up. DO READ ABOUT Bharatiya Nyaya Sanhita 2023 (BNS 69)
- Laws in India are extremely gender biased and most of the times men are put behind bars due to media/social media pressure
- Men in such cases do get bail/acquittal after many months/decades, but by then, they have lost out on name, respect and career
DO WATCH:
Can Your Girlfriend Drag You To Court If You Backed Out From Marriage Or Live-in Relationship?
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Can Ex-Girlfriend Be Booked For Abetting Suicide Of Boyfriend After Break Up? Mumbai Court Responds
▪️"Morally, it's incorrect to switch love partner, but no remedy under law lies with victim whose partner has switched love relationship"#VoiceForMenhttps://t.co/8a9Ii98i0b
— Voice For Men India (@voiceformenind) March 30, 2024
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