Sushant Singh Rajput Case: Legal Analysis

Recently our Bollywood lost a promising star and a powerhouse of RAW talented in the form of Sushant Singh Rajput , who committed suicide by hanging himself at his residence in Mumbai Bandra on 14th June 2020.

This subsequent to the demise of the Chichore actor reports are rife in media that Sushant Death was not a simpliciter  a suicide but was in fact a case abetment to commit suicide involving Bollywood biggest such as Karan Johar, Sanjay Leela Bhansali, Salman Khan and Ekta Kapoor as the abettor.

Lately advocate Sudhir Kumar Ojha got registered an FIR against the alleged abettors in Bihar (Muzaffarpur)that the FIR has been registered under the following section of IPC.

  1. Section 306( abetment of suicide).
  2.  Section 109( punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment)
  3.  Section 504( intentional insult with intent to provoke breach of the peace ) and
  4. Section 506 ( punishment for criminal intimidation)

The FIR states that the alleged abettors tried to sabotage the career of the deceased by making sure that the deceased did not get enough films to do and if at all he got films to act in then he is discreetly removed from those films.

Whether or not Sushant suicide is a case of abatement will come out in blaze once the investigation is over and the charge sheet is filled in the meantime it is accepted that the alleged abettor the kingpin of Bollywood will move to the high court seeking quashing of the FIR on the ground that they are not responsible directly or indirectly for Sushant death.

Gist of FIR revolves around section 306 of the IPC.

The entire gist of the FIR revolves around one section of the IPC namely section 306 of the IPC where the accused by his acts or by a continued course of conduct create such a circumstance that the deceased was left with no other option except to commit suicide and instigation may be inferred to the office of abetment of suicide under section 306 of IPC is endowed with his twin essential ingredients.

A person commits suicide and Such suicide was abetted by the accused

The offence of abetment to suicide involves a mental process of instigating a person or intentionally aiding a person who committed suicide to hold a person liable for obtaining suicide active role of that person (abettor)is required to be established.

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Suicide has not been declared as a crime by the IPC obviously because once a person successfully commits suicide that person is no longer alive to be prosecuted and the crime abates with him however an attempt to commit suicide is punishable under section 309 of the IPC.

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As of Nau Nau suicide note has been found in Sushant room where he committed suicide but even if there was a suicide Note with name the alleged abettors It Would Still Be the requirement of law for the prosecution’s to prove that offence under section 306 of IPC was committed by alleged abettors that regard may also had to the recent judgement of high court of Karnataka on this point.

Mere allegation in the death note that the petitioner and other are responsible for his death would not be sufficient to come to the conclusion that the petitioner has committed the said office unless the over act and conduct of accused are stayed in order to prove the case of the prosecution and that is sufficient to drive the person to commit suicide.

Act which are intend to merely harass the victim ordinary fall outside the purview of section 306 of the IPC.

Sushant Singh Rajput death case SC denies in trim protection to Rhea Chakravarthi In case filed by Patna police.

A mental state or abetment writ large.

If a news reports are to be believed Sushant was suffering from clinical depression and was being treated for the same the taste of ascertain whether office of abetment to commit suicide has been occasioned can be summarised as follows it is not what is decreased felt but what the accused intention by his act the alleged abettors can be convicted for the offence mention in the f I r principal office being section 306 of the IPC is it is proved beyond reasonable doubt that the alleged abettors Wanted not only about Sushant for Bollywood but want him at the end of his life the evidence that come to surface once the investigation is completed will in fact that determine whether a case is made out again the alleged or not.

Threshold to prove guilty.

To establish a case under section 306 of the IPC, the prosecution will have to prove beyond reasonable doubt that:

1 not murder, but suicide: victim (Sushant) committed suicide and was not murdered.

  •  Influence of drugs / psychotropic substance: at the time of incident the victim Sushant was not under the influence of any drug or psychotropic substance.
  • Not “mere harassment”: the alleged abettors harassed the victim Sushant to the extent that he was a driven of committed suicide.
  • Hypersensitivity: victim Sushant was not a person to frail or weak mind .victim was not hypersensitive.
  • Harassment was cruel and proximate to the time of occurrences: the harassment meted out to the victim was not only continuous and cruel but was also Proximate to the  time of occurrence of the incident that is 14th June 2020.
  •  Abettors actively tarnished self – esteem of the victim: the alleged abettors played an active role in tarnishing the self esteem and self respect of the victim Sushant with eventually Drew him to commit suicide.
  • Mental process of instigating the victims to commit suicide: abettors intended means Riya and was created such a circumstance that the victim Sushant was left with no option but to end his life by committing suicide the harassment that the elegant abuses meted out to the victim was server and brave enough to push the victim to take away his own life presence of means rea is the necessary concomitant of instigation.
  • Not suicide simpliciter but “abetment to commit suicide”: victim (Sushant) took his life because he was instigated and / or provoked to do so by the alleged abettors.

Sub – section (1) of section 115 of the MHCA: notwithstanding anything contained in section 309 of the Indian penal code any person who attempts to commit suicide shall be presumed, unless proved otherwise to have server stress and shall not be tried and punished under the said code”.

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