• Can i fight my mom suicidal case after 19 years

Dear Sir,
 I am Naga Prasad from Hyderabad 42 years old. To introduce myself . I am BE & MBA. Hld 2 national and 2 world records, author , motivation speaker, intestine cancer survivor, pistol shooting sportsman. On 9th April 1999 my Mother Mrs Lakshmi committed suicide in Hubballi (Karnataka) during my engineering first year. Since than I am staying away from my father and other relations. Now after 19 years can i initiate legal proceedings or fight legally against my father for abetment of suicide of my mother.
www.nagaprasad.com
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

In such cases there must be an allegation that the accused had instigated the deceased to commit suicide, or secondly, had engaged with some other person in a conspiracy, and lastly, that the accused had in any way aided in any act or illegal omission to bring about the suicide,” 

2) “The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306.”

 

3) 

Without specific material or evidence, it'll be hazardous to ask accused to face trial

 

Observing that a criminal trial is not a pleasant experience, the Supreme Court has held that unless there are specific material and evidence of abetment to suicide, it will be hazardous to ask the accused to face trial.

Asking courts to be extremely cautious in convicting the accused in abetment to suicide cases, a Bench of Justices V.S. Sirpurkar and Cyriac Joseph noted that a person who took his own life would not be available for cross- examination, to verify the allegations made in the suicide note.

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Hello,

 

Sorry to hear that but time is essence in criminal matter and any proceeding now will avail no result as all the prove and witnesses shall not support the case now die to a gap of two decades. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) If you're not satisfied with the previous decision took by our judicial system. You can reopen case and ask for justice in high court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can initiate the legal proceedings can file a FIR but you need to explain the delay in FIR and you need evidence that your father and relatives abetted suicide of mother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Abetment of suicide is most difficult task to prove.

Committing of suicide does not necessarily mean abetment was the reason behind this.

Though there is no time limit for opening of a criminal case of this gravity, after so many years your case of this nature would be almost impossible to get registered as FIR  or proved in trial.

Concentrate on your present profession or activities.

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

 you can get the case reopened subject as mentioned under section 468 Cr.P.C to 471 Cr.P.C as the facts narrated above. In my opinion you can get the case reopened. First get the copies of all the documents.  Since the incident was 20 year old the chances of getting all the documents are bleak. Moreover in RTI Act you cannot get the documents / information more than 20 year old. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can file the said criminal case now if you have irrefutable evidence in support of your said allegation levelled against your father.

 

2. You have remote chance of getting favourable result since there will be hardl;y any evidence left to prove your father guilty.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

There is no limitation for an offence punishable more than 3 years as per Sec. 468 of Cr.P.C.  Criminal law can be set into motion at any point of time by any person.  You can file a Criminal Petition U/s 482 of Cr.P.C. and get reopen that case.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

No, it is not possible now at this stage.

It is not only barred by limitation but also not a strong reason to blame anyone on this.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

It will be hit by limitation. You can file but you will have to convince the court for delay in the same

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

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