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

In a distressing turn of events, a family from the small town of Anandpur finds themselves in a legal nightmare. Their 15-year-old daughter, Kavita, is facing a serious accusation following the tragic death of her close friend, Meena, aged 13. The family had rushed to console Kavita after hearing that Meena had passed away, initially believing the cause to be a heart attack. Kavita was inconsolable.

However, the situation escalated dramatically when the post-mortem report revealed that Meena had died by hanging. During police questioning, a distraught Kavita admitted that she and Meena had been in a close relationship for several years and had been together at her house just hours before the tragedy. Based on this, and purported evidence from their digital chats, Meena’s grieving parents have accused Kavita of abetting their daughter’s suicide. Kavita is now being viewed as the primary suspect. Her parents, simple, law-abiding citizens with no prior experience with the legal system, are completely overwhelmed and desperate for guidance.

Advice in such cases

Navigating such a sensitive and complex situation requires a calm and strategic approach. The primary focus should be on protecting the rights of the minor involved and ensuring due process is followed.

• Stay Composed: It is natural to feel devastated, but panic can lead to poor decisions. The family must support each other and the child, who is already dealing with the trauma of losing a friend.
• Do Not Tamper with Evidence: Do not delete any messages, call logs, or social media content from the minor’s phone or accounts. This material will be crucial for the investigation, and tampering with it can be construed as an admission of guilt or obstruction of justice.
• Cooperate Cautiously with Police: While cooperation is necessary, it is vital to ensure the minor’s rights are protected. A minor should only be questioned in the presence of their parents or a guardian, and preferably by a designated Child Welfare Police Officer (CWPO) not in uniform, as mandated by the Juvenile Justice Act.
• Seek Professional Support: The minor has experienced a significant trauma. Engaging a child psychologist or counsellor is essential for her mental well-being throughout this ordeal.
• 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

This case involves laws pertaining to both criminal liability and juvenile justice. The primary legal provisions would be:

• Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Abetment of Suicide. For a conviction under this section, the prosecution must prove that the accused actively instigated, engaged in a conspiracy, or intentionally aided the deceased in committing suicide. A mere argument or a strained relationship is often not enough to prove abetment.
• The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): Since the accused, Kavita, is 15 years old, she is considered a “Child in Conflict with Law” (CCL). Her case will not be tried in a regular criminal court. Instead, it will be handled by the Juvenile Justice Board (JJB). The JJ Act has special procedures designed to protect the rights and welfare of the child.
• The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedural aspects of the investigation and inquiry that the police and the JJB will follow.

If you are the complainant

If you are in the position of the deceased’s family and believe another person is responsible for your child’s death:

• File a Formal Complaint: Lodge a First Information Report (FIR) at the local police station, clearly stating all the facts and your suspicions.
• Provide Evidence: Submit any evidence you possess, such as messages, letters, or information from your child’s friends, to the investigating officer.
• Cooperate with the Investigation: Be available for statements and provide any further information the police may require.
• 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 your child is the one being accused (the victim of a potentially false accusation):

• Assert Your Child’s Rights: Immediately inform the police that your child is a minor and that all procedures must comply with the JJ Act. Insist on being present during any questioning.
• Do Not Allow Intimidation: Ensure the police treat your child with sensitivity. The questioning should not be aggressive or intimidating.
• Engage a Lawyer Immediately: An experienced lawyer specializing in criminal law and juvenile justice is indispensable. They will guide you through the process, from police investigation to proceedings before the JJB.
• Anticipatory Bail: While the concept of “arrest” is different for minors, if there is a fear of apprehension, your lawyer can advise on the appropriate legal remedy, which would involve being produced before the JJB. The JJB’s primary focus is the child’s welfare, not punishment.
• 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

The police have a duty to investigate the unnatural death thoroughly. They will likely collect the deceased’s and the accused’s mobile phones for forensic analysis of chats and call records. They will record statements from family members, friends, and other potential witnesses. Given that a minor is accused, they are legally obligated to follow the procedures under the JJ Act, which includes informing a Child Welfare Police Officer and ensuring the child’s rights are not violated. The final police report will be submitted to the Juvenile Justice Board, not a regular court.

FAQs people normally have

• Will my child be sent to jail?
  No. Under the JJ Act, a Child in Conflict with Law cannot be sent to a police lock-up or an adult jail. If detention is necessary, they are sent to an Observation Home for a temporary period.
• What does “abetment” legally mean?
  Abetment is not just having an argument. The law requires proof of a positive act by the accused that intentionally pushed the deceased to commit suicide. The Supreme Court has repeatedly held that there must be a clear mens rea (guilty intention) and a direct act of instigation.
• Can text messages prove the crime?
  Text messages and other electronic records are admissible as evidence. However, the content of the messages will be interpreted by the board. They would need to show clear and direct instigation, not just the emotional ups and downs of a teenage relationship.
• What happens at the Juvenile Justice Board (JJB)?
  The JJB is a more informal setting than a court, comprising a magistrate and two social workers. The proceedings are confidential. The board assesses the case and the child’s circumstances to decide on the best course of action, which focuses on rehabilitation rather than punishment.

What evidence is required?

To prove a charge of abetment of suicide, the prosecution must present strong evidence of a direct link between the accused’s actions and the suicide. This would include evidence that shows the accused goaded, provoked, or incited the deceased to a point where suicide was the only option left. The defense, on the other hand, will need to present evidence to show the absence of any such intention or direct act. This could involve demonstrating the nature of the relationship, presenting a different context for the chats, and highlighting the accused’s own shock and grief, which would be inconsistent with a guilty mind.

How long will the investigation take?

Under the BNSS, the police are required to complete their investigation and file a final report (chargesheet) before the competent board, typically within 60 to 90 days of the person being taken into custody. However, complex investigations involving digital forensics can sometimes take longer. The JJ Act mandates that inquiries before the JJB should be completed as expeditiously as possible, ideally within a few months, to minimize the impact on the child.

Advocate Sudhir Rao, Supreme Court of India