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Critical Analysis On Abetment Of Suicide U/S 306 Of The IPC




Dayakant Kevin Rai L, School of Law, Christ University, Bangalore

Introduction

The term 'abet' must be defined, and on the other side, conditions of abetment formation must be investigated. According to section 1071 of the Indian penal code, the idea of Abetment appears to be relatively easy from a legal standpoint because Abetment only happens when at least two people are implicated in the crime. The material operation is divided into two parts: first, make the arrangements and operations; and second, do the operations. As a result, Abetment is only expected if the operation is carried out by one person, whether that person is involved in the preparation of preliminary crime arrangements or not, or if the operation is carried out by another person who is not involved in the preparation of preliminary crime arrangements. Abetment can be done through allurement, incitement, persuasion or threatening, but how Abetment is related to suicides. In India, According to Section 306 of the Penal Code, 18602, to bring a case of suicide, the person who is considered to have assisted the crime of suicide must have played an active role by initiating or doing something to facilitate the commission of suicide. So, theoretically, incitement can be inferred when the accused has created conditions in which the deceased has no choice but to commit suicide as a result of his or her actions or omissions. Social factors have played a significant role in inflicting a person to lead them to such circumstances. Discussing why suicide is an act of intentionally taking one's life and is different from natural death. But provoking a person to such circumstance will be considered as suicide only is the question here. Suicidal behaviour is a severe issue. The fact that suicidal acts are not criminal offences is the fundamental reason for criminologists lack of interest. After examining sophisticated mechanisms and multidisciplinary theories for suicidal acts, the author proposes that criminology theories can explain suicidal acts and the tools that lead to them. When any of the following requirements are met, a person is guilty of Abetment to suicide: He or she encourages someone to take their own life. He or she is a member of a plot to persuade someone to commit suicide. He/she purposefully assist the victim in committing suicide by doing or failing to perform an act that he was obligated to perform. The abettor is defined under Section 108 of the IPC. A person who aids in the commission of an offence is one who aids in the conduct of a crime or an act that would have constituted an offence if undertaken by a person competent under the law of committing an offence with the same purpose or information as the abettor. According to Section 306 of the Indian Penal Code, "If any individual commits suicide, whoever aids in the conduct of such suicide shall be punished with either a term of imprisonment, which may extend for a period of 10 years or a fine." Section 306 stipulates that "anyone aids or abets the commission of such suicide shall be punished by imprisonment for a term not exceeding ten years, and shall also be liable to fine." Abetment of suicide is a cognizable, non-bailable, and non-compoundable offence that is prosecuted in a Sessions court. A police officer can make an arrest without a warrant from a court if it is a cognizable offence. Bail is awarded at the discretion of the Court, not as a matter of right, for non-bailable offences. Non - compoundable offence: Even if the complainant and the accused reach an agreement, the case cannot be withdrawn by the complainant. A case containing a non-compoundable offence will not be dismissed by the Court.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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