• IPC 306

Sir
I have been framed ipc 306 suicide of my aunt stating that I threatened her ,stated by her daughters,I am actually in USA one week before the suicide.The allegations made by her daughter or baseless and just want me to be framed for ransom amount.I never spoke to her or personally met and threatened her.she was my business partner,actually her daughters were quarrelling for the house they lived,this drove her to suicide.she did not leave any suicide note.They feared that it was their fault and started blaming me for her suicide.what do you suggest to protect myself from the evil minds?please suggest.
Asked 4 months ago in Criminal Law from United States
Religion: Hindu

If any FIR is filed police would issue you notice to record your statement 

 

apply for and obtain anticipatory bail from sessions court 

 

in your defence take the plea that you  had no contact with your aunt nor talked to her 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

If there is no note of suicide and allegations raised against you. Than don't make any unnecessary issue as of now. Anyway you're staying long away. Check what your cousin take further steps in the issue of property and business partner related.

 

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

You can complain to police against her daughters that their harassment drove aunt to suicide 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

See if any FIR is filed against you, you have to seek anticipatory bail to avoid arrest, also you can file a quashing petition before high court since there is no primary or no evidence against you.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

Yes you can file a complainant against them police can investigate and register a FIR.

No this won't put you in trouble as such also the daughter can file complaint against you.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

 

Hello

Intention is a essential ingredient to establish offence under Section 306 of IPC

 

Few case examples are below. You can always use them to contest your case

Sanju alias Sanjay Singh v. State of Madhya Pradesh– in the case the Apex Court quashed the charge sheet for offence under section 306 of IPC to hold that the words uttered in a quarrel or on the spur of moment, such as “to go and die” cannot be taken to be uttered with mens rea. It is in a fit of anger or emotion.

S.S. Chheena vs. Vijay Kumar Mahajan and another- In this case, the Supreme Court made it clear under Section 306 of IPC. The Court ruled that:

  • Abetment involves a mental process of instigating a person or intentionally aiding a person in doing.
  • Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
  • There has to be a clear mens rea (Intention) to commit the offence.
  • It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he or she committed suicide.

 

Gurcharan Singh vs. State of Punjab– In this recent case, the Supreme Court observed that the basic ingredients of section 306 of IPC are suicidal death and the abetment thereof. To constitute abetment, the intention(Mens Rea) and involvement of the accused to aid or instigate the commission of suicide is imperative.

Remoteness of the culpable acts or omissions  in the intention of the accused to actualize the suicide would fall short  to attract  offense under section 306 of IPC

This is just an overview for your understanding, rest I have to study your case to give final conclusion.

Nitin Jaspal
Advocate, Gurgaon
36 Answers

5.0 on 5.0

Are you in India now?,

if yes, did you take AB ?

If yes, you can challenge the false case on merits.

You may even produce documentary evidences to prove that her daughters were fighting with her for property and also hey had disputes going on for quite some time.

You challenge the false allegations on merits and in the support of documentary evidences in your possession.

 

 

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

Your complaint against  her daughters may not be entertained especially when there is already a criminal complaint pending against you.

You have no other option than to challenge the false case on merits and documentary evidences to your support.

 

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

1. you should apply for anticipatory bail if the FIR has been lodged,

2. after obtaining the AB submit all your defense documents to the police to prove your innocence

3. you can file a police complaint against the daughter of deceased aunt 

Suneel Moudgil
Advocate, Haryana
2076 Answers
3 Consultations

4.7 on 5.0

- If you have apprehension of false case against you then move for bail with directions to police to give notice to you if any case is registered against you 

- If you have valid grounds with proof to prove they are guilty of mother suicidal than go ahead with complaint to police.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
685 Answers
4 Consultations

5.0 on 5.0

SINCE Aunt was your business partner, you can file a Counter-FIR on aunt's daughters for suspected intimidation, threatening, abetting suicide etc.... by following:

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

3. File point no. 1, before the Indian Consulate in USA and request to forward the same to the relevant Indian City Police Commissioner's office for investigation & prosecution.

Hemant Agarwal
Advocate, Mumbai
4366 Answers
23 Consultations

5.0 on 5.0

First of all you have to arrange your bail in this regard in case you are not willing to go for this then file a writ petition in High Court for quashing under sec 482 crpc of the FIR in case High Court agrees to your innocence it may quashed the FIR and you will be saved from this however as the case is already registered you have to apply for the bail as well otherwise it might create problem and police will be trying for your arrest in this case

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

See if the case are false then first of all go for anticipatory bail and go for fair trial and prove that all cases are false.

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

You can file Complaint against her daughter for harrasment, police investigate your complaint and register FIR.

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

You should file an application for anticipatory bail immediately as the poluce may try to arrest you and issue a warrant. After that go for quashing of the fir as no suicide note was found and you weren't in the country.

Rahul Mishra
Advocate, Lucknow
8034 Answers
15 Consultations

5.0 on 5.0

Yes you should give the real reason for suicide and also state this in the quashing and anticipatory bail application.

Rahul Mishra
Advocate, Lucknow
8034 Answers
15 Consultations

5.0 on 5.0

In suh cases obtain bail or pre-arrest bail.

Based on the chargesheet the FIR can be cancelled. 

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1711 Answers
8 Consultations

4.9 on 5.0

Contact a local lawyer of the police station area and he will manage it. Not to worry. 

Gopender
Advocate, New Delhi
168 Answers

4.9 on 5.0

1. To protect yourself you should first give a complaint to police regarding suicide of your aunt that she was bieng harassed by her daughters for selling her properties. 

2. If FIR have already logded against you then you should file anticipatory bail before sessions judge and join investigation with police.

3. You can also file quashing petition in High court if you think FIR lodged against you is based on baseless evidence. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

1. Yes. 

2. No

3. It's good case. Don't worry

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

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