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Some college student of INDIA who is top ranker & very confident boy of the class, is preparing for coming exams in Library;
sitting next to some female class-mate.
Both start talking about their preparation of exams.
He says his preparation is not good & he want to take a **celfose** tablet to die...he looks very normal to her while saying it.
She is completely unaware about what is going in his personnal life as she does not come in his friend circle.
She thinks he is joking or
trying to make her scared or
trying to falsely influence her for sympathy or
trying to flirt with her.
She replies jokingly ;''oh!,really?ok, do it ..then you will contribute in reducing INDIA's population which has become very high''.
Both laughs at this reply.
Next day she listens that he has comitted SUICIDE by hanging & his family was giving him antidepressant psychiatric treatment from 1 month.
IS SHE RESPONSIBLE FOR ABETTMENT OF SUICIDE?

2007-05-30 21:46:01 · 7 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

7 answers

I have been requested by the asker of this question to reply this question. Section 306 of the Indian Penal Code provides 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.
It has been held by the hon'ble Supreme Court of India that "to instigate means to goad, urge,
Provoke, incite or encourage someone to do an act. It is not
Necessary that express words should be used in order to instigate.
The offence of abetment by instigation depends upon the intention
Of the person who abets and not upon the act which is done by the
Person who has abetted".
Lets see based on this principle of law whether the conduct of the female class-mate shows that she had intentions for such an abetment or instigation of suicide or not.
The statement that she replies jokingly itself shows that there was no serious intention of this female about his proposal of committing suicide. This female classmate as stated here was not within the close friend circle of this person & was not unaware about what is going in his personal life. All these facts point to her being innocent & impose any aspiration on her for his committing the act of suicide by way of abetment or instigation. As clearly held by the Supreme Court of India that it is not
Necessary that express words should be used in order to instigate, and her saying "oh! Really? Do it....then you will contribute in reducing INDIA'S population which has become very high" can be construed as a statement made just jokingly not with an intention for abetting or instigating him to commit suicide. She is no way responsible for abetment of suicide in this case.

2007-05-31 17:25:31 · answer #1 · answered by vijay m Indian Lawyer 7 · 1 0

No. If I had a dollar for every dumb threat of, "I'm going to kill myself", I could have retired a lot sooner. People make stupid comments like that all the time and many other people make some reply that might even sound like a dare. However, suicide is a personal option.

2007-05-30 23:06:49 · answer #2 · answered by Anonymous · 1 0

that's been my experience as a nurse that if somebody talks approximately suicide, they often persist with by way of. inspite of the shown fact that, noone can relatively are looking forward to what a bothered person "ought to" do. i could say no, she isn't to blame. And as unhappy as this is that it did in actuality take place, we are able to all say now that particular, she ought to have instructed somebody. we've all jokingly stated quicker or later in our lives, that we are gonna leap out a window, or regardless of )in step with probability reason nothings going terrific that day)....by no potential meaning it although. In a suicide case, noone is relatively to blame....altho those on the element of him will experience some experience of guilt...thats in basic terms organic. yet to respond to your question, until this person relatively witnessed him taking the OD of pills, or slitting his/her wrists, or relatively observed him impressive a noose for the point of killing him/herself and did no longer something approximately it, then no. yet Im particular theres some ambulance chasing criminal expert accessible someplace who will attempt to coach in any different case.

2016-11-23 20:53:59 · answer #3 · answered by Anonymous · 0 0

of course not she might feel bad for not thinking that he is serious but how many people say stuff like that? oh I'm going to kill you, or even my back is killing me. if i say that should someone actually think that my back is going to end my life? same thing. suicide means to end ones own life. she is not responsible for what he has chosen to do.

2007-05-30 21:54:19 · answer #4 · answered by mml 2 · 0 1

No one is responsible but him.. that's why its called a suicide!

2007-05-31 00:23:44 · answer #5 · answered by LawComm 4 · 1 0

It was an innocent comment. She's in no way responsible for what he did.

2007-05-30 23:20:35 · answer #6 · answered by Anonymous · 1 0

No she is not, the one who is responsible is the idiot who hung himself.

2007-05-30 21:54:26 · answer #7 · answered by Mike C 2 · 0 0

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