Sucide and cheating internationally and died by suicide

847 votes

Liability for suicide or abetment would depend on the exact words used, the surrounding circumstances, intention, conduct, and the existence of a direct and proximate connection between the alleged acts and the suicide. The money transaction is a separate issue.

Advocate Ravindra Anjaneyulu LawRato

760 votes

it is cognazible case police can interfere and. can included your name in FIR then they will call you to the police station for enquiry and with CDR they will. file FIR i against you for abetment of suicide., so it's better to go for antispatory bail .

Advocate Katla Vijaykumar LawRato

996 votes

hi first you neef to check any FIR was registered against you then you could file petition in court for seeking anticipatory bail or file quash petition denying those allegations and that you could obtain relief

Advocate Baddam Aravind Reddy LawRato

899 votes

Demanding the return of legitimate money does not legally constitute abetment of suicide, but your statement over the phone exposes you to severe immediate risk of criminal implication. Under Indian criminal law (Section 108 BNS / Section 306 IPC read with Section 107 IPC), the Supreme Court has consistently held that: * Absence of Mens Rea: Demanding owed money or uttering angry words in the heat of passion without the direct intention (mens rea) to provoke or instigate suicide does not amount to abetment. * Immediate Police Risk: Despite clear legal precedent, if the deceased left a suicide note or if the family cites your phone conversation, the police may register an FIR under Section 108 BNS (Abetment of suicide), which is non-bailable and cognizable. * Immediate Precautionary Steps: * Anticipatory Bail: Secure all call records, transaction proofs, and chat histories establishing the job-scam/loan transaction, and immediately move for Anticipatory Bail before the Sessions Court or High Court under Section 482 BNSS (formerly Section 438 CrPC) to protect against arrest. * Complaint for Cheating: File a formal written complaint with evidence regarding the job fraud to place your original grievance on the record. * Recovery of Money: Criminal prosecution of the deceased abates upon death. To recover your funds, you must pursue a civil recovery claim against the deceased's legal heirs, restricted strictly to the extent of the assets/estate they inherit from him. Given the imminent risk of an FIR and custodial harassment, you must consult immediately with an advocate along with your call records and payment proofs to secure pre-arrest protection.

Advocate Mrudhula Jahnavi LawRato

878 votes

Namaste, Your anxiety is understandable but on the facts you have stated a charge of abetment of suicide is very difficult to sustain against you Abetment of suicide is punishable under Section 108 of the Bharatiya Nyaya Sanhita which replaced Section 306 of the Indian Penal Code for offences committed on or after 1 July 2024 To attract it the prosecution must show instigation or active goading with a clear intention to push the person to end his life and an act so proximate and unbearable that the deceased was left with no option The Supreme Court has repeatedly held that words spoken in anger or in the course of a quarrel or a demand for repayment of ones own money do not amount to abetment The rulings in Ramesh Kumar versus State of Chhattisgarh and SS Chheena versus Vijay Kumar Mahajan are directly helpful and the Court has more recently cautioned police and trial courts against mechanically invoking this section wherever a suicide has occurred Here you were the victim of a job related cheating and were asking for return of your own money His reply that he would end his life and his act of consuming poison were his own voluntary decisions There was no instigation to commit suicide by you Do note one separate risk honestly Your statement on the call threatening to kill him can by itself attract criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita It is a bailable and compoundable category offence in the ordinary course but it will be used by the family to colour the complaint so be prepared for it Steps I would advise you to take immediately First preserve everything now Call recordings chat messages bank transfer entries UPI records receipts any written promise of a job and the call detail record of the conversation Do not delete a single message Second do not wait for them to move first Lodge your own written complaint with the Station House Officer and the Commissioner of Police setting out the cheating and the amount with proof of payment Getting your version on record before their complaint makes a real difference to how the police view the matter Third if an FIR is registered against you under Section 108 apply at once for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita before the Sessions Court Do not attend the police station without your advocate Fourth for recovery of your money a criminal case against the deceased abates on his death Your remedy is a civil recovery suit against his legal heirs who are answerable to the extent of the estate they have inherited from him If the amount is supported by clear documents or a dishonoured cheque file it as a summary suit Limitation is three years from the date the money became repayable so act without delay Certain facts will change my advice so please confirm them Whether the deceased left any suicide note or made any statement to the police a Magistrate or family before he died naming you since he survived two days and a dying declaration may exist Whether an FIR has already been registered Whether the call was recorded and by whom Whether the money was paid in cash or by bank transfer and on what date And whether there is any written agreement receipt or cheque With these facts in hand the position can be assessed with much greater precision

Advocate Naresh Gaddapati LawRato