If you are stuck in such a situation, here is what to do.

In the bustling city of Suryanagar, a young college student named Rohan found himself in a state of intense anxiety. His close friend, Sameer, had recently ended a tumultuous relationship with his girlfriend, Anjali. The breakup was not amicable, and emotions were running high. Rohan, being a mutual friend, had occasionally spoken to Anjali on the phone, offering a friendly ear, completely unrelated to her relationship with Sameer. Now, consumed by worry, Rohan fears the worst. He is terrified that if Anjali, in her distress, takes any drastic step, he and Sameer could be wrongly implicated and face police investigation. This fear of being dragged into a serious legal matter simply for being a friend is causing him sleepless nights.

Advice in such cases

Navigating such a sensitive situation requires a calm and strategic approach. Here are some immediate steps to consider:

• Preserve Communication: Do not delete any text messages, call logs, or social media chats you have had with any of the parties involved. This record can serve as crucial evidence to prove the nature and intent of your conversations.
• Avoid Unnecessary Contact: Refrain from contacting the individual who is distressed, especially if your intentions can be misconstrued. Continuous calls or messages could be interpreted negatively later on.
• Document Everything: If you have any information or have witnessed events that can provide context to the situation, make a personal note of the dates, times, and details. This can help you recall facts accurately if questioned.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

In situations involving a person taking their own life, the primary legal provision that the police investigate is abetment of suicide. Under the new Indian laws, this is covered by:

• Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section corresponds to the earlier Section 306 of the IPC. It penalizes the act of abetting the commission of suicide. For a person to be held liable under this section, the prosecution must prove that they actively instigated, conspired, or intentionally aided the deceased to take their own life. A mere breakup or having arguments does not automatically amount to abetment. There must be a clear action that directly pushed the person towards the act.

If you are the complainant

If you find yourself in a position where you are being questioned or are afraid of being accused in such a matter, here is what you should do:

• Stay Calm and Composed: Panicking can lead to poor decisions. It is natural to be scared, but it is vital to think clearly.
• Cooperate with the Police: If the police call you for questioning, you should cooperate. However, you have the right to know why you are being questioned. You are not obligated to give a statement without understanding your legal position.
• Do Not Offer Speculative Information: Stick to the facts you know. Do not guess or make assumptions about what others might have done or said.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a family member or representative of the person who has been harmed and you believe another person is responsible for driving them to it, these are the steps to take:

• File a Police Complaint: The first step is to file a First Information Report (FIR) at the local police station. Clearly state all the facts and circumstances that lead you to believe there was abetment.
• Provide All Evidence: Submit any evidence you possess, such as letters, diaries, mobile phones, chat records, or names of witnesses who can testify about the harassment or instigation.
• Follow Up on the Investigation: Stay in touch with the investigating officer to know the progress of the case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In cases of unnatural death, especially where suicide is suspected and a relationship angle is involved, the police are generally cautious. Their initial steps include conducting a preliminary inquiry. They will likely question close friends, family, and anyone recently in contact with the deceased. This includes examining call detail records (CDRs) and messages. If their preliminary inquiry reveals any element of direct instigation, goading, or harassment that might have led to the act, they will register an FIR under Section 108 of the BNS and proceed with a formal investigation. Merely being a friend or having a conversation is usually not enough to be made an accused, unless the content of that conversation was threatening or instigating in nature.

FAQs people normally have

Can a simple breakup or a phone call lead to an abetment of suicide case?
A simple breakup or a normal phone call is not sufficient grounds for an abetment case. The law requires a positive act by the accused which intentionally aided or instigated the deceased. The Supreme Court has repeatedly held that to constitute abetment, the actions of the accused must have left the deceased with no other option but to take their own life.

What if I was just a friend and had no role in the relationship issues?
If your involvement was genuinely that of a friend and you did not instigate or harass the individual, you are unlikely to face legal charges. Your call records and messages, if examined, would likely support your claim. It is important not to panic and to present the facts clearly if questioned.

Do I need a lawyer just for police questioning?
While not mandatory, having legal counsel even at the initial stage of questioning is highly advisable. A lawyer can ensure your rights are protected, advise you on how to answer questions truthfully without incriminating yourself, and guide you on the legal process, which can be intimidating for a layperson.

What evidence is required?

To establish a case of abetment of suicide, the prosecution typically relies on the following types of evidence:

• A suicide note left by the deceased explicitly naming the person and the reasons.
• Electronic evidence such as call records, SMS, WhatsApp chats, emails, or social media posts that show harassment, threats, or instigation.
• Statements from witnesses (friends, family, colleagues) who can testify about the accused’s behavior towards the deceased.
• Any history of police complaints or documented evidence of prior abuse or harassment.

How long will the investigation take?

The duration of a police investigation can vary significantly depending on the complexity of the case. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a framework for time-bound investigations. For most offences, the investigation should be completed within 90 days. However, collecting electronic evidence, forensic reports, and witness statements can sometimes prolong the process. A lawyer can help in filing applications before the court to expedite the investigation if it is being unduly delayed.

Advocate Sudhir Rao, Supreme Court of India