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

Priya, a young student from the city of Amodpur, connected with a person named Rohan on a social media platform. Their conversations, which started with shared interests like cinema and general topics, took a dark turn after a few weeks. Rohan began confiding in Priya about his severe personal problems and expressed strong suicidal thoughts. This continued for a couple of months, during which Priya consistently offered support, encouraged him to seek help, and reminded him of the positive aspects of life.

However, the emotional weight of these conversations started affecting Priya’s own mental well-being. Rohan’s messages became more alarming, stating that Priya was the only one who knew about his state and that he intended to end his life by a specific date. Feeling overwhelmed and scared, and recognizing the limitations of an online friendship where she had no verifiable information about him, Priya tried her best to dissuade him. She provided him with mental health helpline numbers and even reported his account to the platform’s safety team, but could not take further official action due to the lack of concrete details about his identity or location.

Throughout their chats, Priya was careful not to say anything that could be misinterpreted as encouragement or instigation. She saved screenshots of their conversations as proof of her supportive stance. Eventually, for her own mental health, she ended the online friendship and blocked Rohan. A month later, she remains deeply worried about Rohan’s well-being and is terrified about potential legal repercussions for herself if he were to take any drastic step. Her peers have suggested that she could be implicated, causing her immense distress.

Advice in such cases

• Preserve all communication records, including chats, emails, and call logs. These can serve as crucial evidence to demonstrate the nature of your conversations.
• Do not delete any messages or block the person without first saving screenshots or backing up the chat history.
• Report the user’s profile and threatening messages to the concerned social media platform’s safety or support team. They have protocols for such situations.
• If you have any identifying information, no matter how small, report it to the cyber police or your local police station. They can take steps to trace and help the individual.
• 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 India, the primary law concerning this situation is related to the abetment of suicide. Under the new legal framework, this is covered by the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section penalizes the abetment of suicide. For a person to be held liable under this section, the prosecution must prove that they actively and directly encouraged, instigated, or aided the deceased in the act of committing suicide. Merely having knowledge of a person’s suicidal intentions does not constitute a crime. The law requires a positive act (actus reus) and a guilty mind (mens rea) that directly contributes to the act. Casual conversations or a failure to prevent the act are generally not considered abetment.

If you are the complainant

If you are a family member or a friend of the person who has unfortunately taken such a step and you suspect someone’s involvement:

• Immediately file a First Information Report (FIR) with the local police, detailing your suspicions.
• Provide the police with all available electronic devices of the deceased, such as mobile phones and laptops, for forensic examination.
• Share any information you have about the person you suspect, including their online profiles or contact details.
• Cooperate fully with the police investigation and provide statements as required.
• 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 find yourself in a situation like Priya’s, where you are worried about being falsely implicated:

• Do not panic or delete any potential evidence. Your chat history showing supportive messages is your strongest defense.
• Organize all your evidence, including screenshots and chat backups, in a chronological manner.
• Prepare a detailed timeline of your interactions with the person.
• Do not speak to the police or any third party without legal guidance. Anything you say can be used against you.
• 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 suicide where abetment is suspected, the police are obligated to investigate thoroughly. Their initial actions typically include seizing the deceased’s electronic devices to analyze communication records. They will summon individuals who were in frequent contact with the deceased for questioning. The primary goal of the investigation is to find evidence of direct instigation, goading, or conspiracy that led to the suicide. If the evidence (like chats and messages) shows a supportive and caring attitude rather than instigation, the police are unlikely to press charges. However, the process of investigation itself can be stressful, which is why legal counsel is vital from the outset.

FAQs people normally have

What evidence is required?

To establish abetment of suicide under Section 108 of the BNS, the prosecution needs to present clear and convincing evidence. This includes:

• Chat logs, text messages, emails, or call recordings that show direct instigation, threats, or a conspiracy to encourage suicide.
• Witness statements that corroborate the act of abetment.
• Evidence of a close and proximate link between the alleged abetment and the act of suicide. A simple conversation about suicidal thoughts is not enough.

How long will the investigation take?

Investigations in such cases, especially those involving digital forensics to recover and analyze data from electronic devices, can be time-consuming. The duration can range from a few months to over a year, depending on the complexity of the case, the volume of digital data, and the workload of the forensic labs and police department. The filing of a final report or chargesheet is governed by the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Advocate Sudhir Rao, Supreme Court of India