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Murder 302 converted to 306 abetment and pret rail detention


25-Feb-2026 (In Criminal Law)
My freind and his sister are under custody for a false case in 302 which was converted to 306. My friends sister husband died to suicide in 2022 and arrest has been made after 2 years and has he deceased first wife daughter and son who are aged in their 40s had filed allegations at the police station against them which is false my friend and his sister both were not present at the residence where the deceased took his life.
Answers (2)

Answer #1
613 votes
Explain Their Legal Position “You were not present at the place of occurrence, and there is a delay of two years in filing the case. These facts work in your favour and weaken the prosecution’s case. At present, the case is based mainly on statements made by interested parties. There is no strong independent evidence yet.” 3. Bail Process “Our first priority is securing and maintaining your liberty. We will: File/defend your bail application Argue lack of prima facie evidence Highlight absence from the scene Show delay and false implication In most Section 306 cases, courts grant bail when evidence is weak.” 4. Investigation Stage “During investigation: Police will collect statements Call records Documents Medical reports Forensic reports
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Advocate Saba Ahmad

Adv. Saba Ahmad

LawRato Hazaribag | 25+ Answers
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Answer #2
806 votes
Since the deceased committed suicide in 2022 and the arrest has been made after two years, the accused can challenge the case on legal grounds. Mere allegations by the children of the first wife are not sufficient to prove the offence under Section 306 IPC (abetment of suicide). The prosecution must prove instigation, intentional aid or active participation which led the deceased to commit suicide. If your friend and his sister were not present at the place of incident and there is no direct evidence of abetment, they can apply for bail before the Sessions Court or High Court. They may also seek quashing of the FIR if the allegations are false and unsupported by evidence.
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Advocate Priya Kumari

Adv. Priya Kumari

LawRatoBokaroSteelCity | 25+ Answers
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