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

A young man named Rohan, a 17-year-old from the city of Jodhpur, finds himself in a deeply distressing situation. His girlfriend, Priya, who is 18, has been struggling with significant family problems and health issues for a considerable time. Her parents are reportedly obstructing her from pursuing higher education and subjecting her to mental anguish over basic needs. Priya frequently confided in Rohan, who did his best to offer emotional support and sound advice, limited by his own young age.

Rohan even attempted to seek help for her from various charitable organizations like ‘Asha Kiran Foundation’ but received no substantial assistance. Over the past few months, Priya’s mental state deteriorated, and her conversations took a very dark turn, filled with negativity and despair. Rohan grew increasingly fearful that she might harm herself and worried about the potential legal repercussions for him, despite having always been a supportive partner. He has preserved chat messages where Priya explicitly states that her family issues are the cause of her distress and that he is not to blame.

The situation became so tense that Rohan confided in his mother. In an attempt to protect her son, his mother contacted Priya and instructed her to cease all communication with Rohan. Now, Rohan is under immense stress. He has worked tirelessly to secure a position at a prestigious institution, the ‘National Engineering College, Pune’, and is terrified that a false accusation could derail his entire future. He is anxious about the legal process and the possibility of being wrongfully implicated in a serious crime.

Advice in such cases

• Preserve all forms of communication. This includes text messages, social media chats, emails, and call recordings (where legally permissible). This evidence can be crucial to demonstrate the nature of your conversations and prove your innocence.
• Ensure your communication is always supportive. Never use language that could be misinterpreted as goading, encouraging, or instigating self-harm.
• Inform trusted adults or authorities. Informing a parent was a step in the right direction. Depending on the severity, involving other responsible parties may be necessary.
• 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

The primary law concerning the abetment of suicide in India is now under the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section, which replaces the old Section 306 of the IPC, deals with Abetment of Suicide. For a person to be held guilty under this section, the prosecution must prove beyond a reasonable doubt that the accused played an active role in instigating the suicide. This requires:
  
• Instigation: The accused must have actively suggested, encouraged, or goaded the deceased to commit suicide.
  
• Conspiracy: The accused must have engaged in a conspiracy with one or more persons for the committing of the suicide.
  
• Intentional Aid: The accused must have intentionally aided the commission of the suicide by an act or illegal omission.
  

The Supreme Court has repeatedly held that to constitute abetment, there must be a clear mens rea (guilty mind) and a direct act that leaves the victim with no other option but to take their own life. A simple fallout in a relationship or knowledge of a person’s suicidal tendencies is not sufficient for a conviction.

If you are the complainant

(i.e., the family of the person who has attempted or committed suicide)

• Gather all evidence that points towards harassment, threats, or active instigation by the accused.
• File a First Information Report (FIR) at the nearest police station, detailing the sequence of events and providing any preliminary evidence. The FIR will be registered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• Provide the police with contact details of potential witnesses who can corroborate your claims.
• 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

(i.e., the person being accused of abetment)

• Do not panic or destroy any evidence. Your chat history and call logs can be your strongest defense.
• Immediately secure all exculpatory evidence – messages, emails, or recordings where the person expresses distress due to other reasons (family, financial, etc.) or absolves you of blame.
• Do not speak to the police or the complainant’s family without legal representation. 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. Your lawyer may advise you to apply for anticipatory bail under Section 482 of the BNSS if there is an apprehension of arrest.

How the police behave in such cases

Upon receiving a complaint, especially from the family of the deceased, the police are likely to register an FIR as abetment of suicide is a serious, cognizable offense. The investigation typically involves seizing the mobile phones and electronic devices of both the deceased and the accused for forensic analysis. They will question friends, family, and the accused to establish the circumstances leading to the event. While there can be immense pressure to make an arrest, the police are duty-bound to collect evidence to prove the ‘instigation’ or ‘active role’ of the accused before filing a chargesheet.

FAQs people normally have

Can I be arrested based on a mere allegation?

Since abetment of suicide is a cognizable and non-bailable offense, the police have the power to arrest without a warrant. However, arrest is not automatic. If you have a strong apprehension of being arrested in a false case, you can seek anticipatory bail from the Sessions Court or the High Court.

Are WhatsApp chats considered valid evidence?

Yes, electronic records, including WhatsApp chats, are admissible as evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). It is vital to preserve them in their original format. They can be crucial in proving your innocence.

What if my name is mentioned in a suicide note?

A suicide note is an important piece of evidence but it is not gospel truth. The contents of the note must be corroborated by other independent evidence to establish that the accused’s actions directly led to the suicide. The court will examine the note in the context of all other facts.

What evidence is required?

For the prosecution to prove its case, it needs to furnish evidence of a direct and active role played by the accused. This includes threatening messages, call records showing harassment, or witness testimony about the accused’s conduct that drove the victim to suicide. Conversely, for the defense, exculpatory evidence is key. In Rohan’s case, the chats where Priya clarifies that her family is the reason for her distress would be powerful evidence in his favor.

How long will the investigation take?

There is no strict timeline for a police investigation in such matters. It can range from a few months to over a year, depending on the complexity, the amount of digital evidence to be analyzed, and forensic reports. The police will file a final report (either a chargesheet against the accused or a closure report) in the concerned court upon completion of the investigation.

Advocate Sudhir Rao, Supreme Court of India