On July 25, a Delhi court acquitted Gopal Kanda, former Haryana minister along with his associate Aruna Chadha of abetment to the suicide of a former air hostess working with the man’s aviation company, Geetika Sharma. The man said that “mere naming of accused in a suicide note” is actually not enough to hold them guilty of abetment.
Geetika was a twenty-three-year-old former air hostess working with Kanada’s MLDR Airlines. She passed away due to suicide at her house in Delhi on August 5, 2012. In the suicide note that she left, she said that she took the step out of “harassment” by Chadha and Kanda.
The allegations
Kanda and his associate were alleged of abetment to suicide. The allegation was based on the deceased’s note and the telephone conversation between Gettika and her mother.
In such conversations, the accused ‘leveled allegations against the character of Geetika”. The accused then asked Geetika’s mother to send her to MLDR’s office for the purpose of signing some documents.
What is abetment?
Abetment means abetting a person to commit an offense or crime and indulging in a conspiracy. It may also mean to intentionally include a person to commit an offense or crime.
In order for any crime to exist, or abet someone else to commit a crime, there are four stages to be passed. The first stage says that the crime must be done by a human. This is pretty obvious to understand because as crimes are a part of the mankind, every crime is backed by a human.
The second stage of a crime is the knowledge of the crime or the intention. The knowledge plays a very important part in every criminal action. An act can be termed as a criminal act only if there is an intention (mens rea) behind the act to harm others.
Thirdly, an attempt or execution is essential to commit a crime. This means that merely a criminal intention is not required to commit a crime. One has to take an attempt in the direction of the crime.
And then comes the last stage of a crime, which is actually the crime itself. The successful outcome of the commission of an act of a criminal intent constitutes a crime.
If we talk about abetment, it can actually take place in any of the four stages mentioned above.
One gets the reference of abetment from law under Sections 107- 120 of the Indian Penal Code. Section 107 lays down the meaning of abetment. Abetment refers to instigate, abet, encourage, or help, to execute a criminal intention. There are three acts that fall under abetment, namely, abetment by instigation, abetment by conspiracy, and abetment by aid.
Abetment by instigation holds true in case a person is intimidated, motivated, pushed, or encouraged to commit an offense. There can be direct or indirect instigation.
When two or more persons are indulged in a conspiracy and execute a criminal act, it is known as abetment by conspiracy.
Lastly, when a person knowingly assists the crime or omits a legal act, it is known as abetment by aid. However, this would not include helping an offender sans knowledge.
What is the abetment of suicide?
Abetment of suicide is mentioned in section 306 of IPC. It means compelling someone to commit suicide. In order to be accused of abetment of suicide, the must exist an allegation of incitement to the commission, either direct or indirect in nature, of an offense of suicide.
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Source: HIS Education