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WHO'S LEGALLY LIABLE WHEN SOMEONE COMMITS SUICIDE? FOR DENIAL OF PROMOTION

 
 
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WHO'S LEGALLY LIABLE WHEN SOMEONE COMMITS SUICIDE? FOR DENIAL OF PROMOTION
by System Administrator - Saturday, 23 July 2016, 11:24 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Reportedly Government police officer knows the IPC and Criminal procedure code beter then other anybody else .An police officer who need to prevent the suicides he himself cannot commit sucide but it is repoted that many police officers have reportedly committed sucide under pressure of work..If he had feeling that he was supposed to get he ld have gone for legal remedy and not suicide . Government officers responsible for promotions cannot be held for abetment of suicide if the officer not promoted for legal reasons..Reportedly in the US, it's unlikely that you would be jailed just for someone leaving your name in a suicide note or a video statement before death.  It is pertinent to note that such statement connoy be taken as dying statement as it has to be reorded before the magistrate before dying or on deat bed . You might, however, be questioned by the police or subject to some form of investigation if you did something that prompted the person to kill themselves, and if you did something illegal that did so, you might be arrested for that.But just for being named?  Highly unlikely. In a state that has the dubious distinction of topping the suicide chart in the country, this court order makes a lot of sense. Taking the wind out of "incriminating suicide notes" naming specific people as responsible, the Madras high court has said mere abuses or a casual remark or words uttered in a fit of anger could not be termed as "abetment" and people named cannot be arrested and jailed. Justice Devadass said merely because a person has been named in a suicide note, courts should not immediately jump to the conclusion that he is an offender. "If a person makes an ordinary joke or a casual remark in routine course of ordinary life, and then if the victim commits suicide, that will not attract abetment charges under Section 306 of the IPC," he said."Simple abuses are not sufficient to provoke a person to commit suicide. If a debtor commits suicide simply because the lender has demanded repayment of his money, the creditor cannot be said to have abetted the suicide. Mere reprimanding does not amount to instigation. Words stated in a fit of anger will not amount to abetment. Casual remark of husband towards his wife in the ordinary course of life will not amount to abetment to commit suicide," he said. What, then, will attract the instigation charges? Justice Devadass said: "The offence of abetment requires 'mens rea' (guilty mind). There must be intentional doing/aiding or goading the commission of suicide by another."Section 306 in The Indian Penal Code:306. Abetment of suicide.--If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

According to reports , The spate of suicides, and attempts to commit suicide, among police officers, the constabulary and bureaucrats has been attributed by former senior bureaucrats and police officers to the extreme politicization of transfers.After suicides by DSPs Kallappa Handibag and MK Ganapathi, resignation by DSP Anupama Shenoy, attempts to end their lives by a sub-inspector, Roopa Tembad and KAS officer E Vijaya, reportedlyincreased political patronage based on caste, creed, community and money has come to the fore. It has led to a rather vicious atmosphere in the Karnataka bureaucracy and police department. "Every officer in the government faces pressure from superiors. Politicians, too, face pressure from their party and people. But only the weak-minded take such a cowardly step. If they are so weak in their mind, let them quit. Public office or government service is not the be-all and end-all. There are success stories of government offic ers who quit their jobs due to pressure and have done well in the private sphere. Suicide is no answer," At the other end, IAS, IPS, KAS and KSPS associations too don't have a grievance redressal system for fellow colleagues and bureaucrats."Officers' associations should make an effort by having designated people to help their fellow colleagues air their grievances,"

 A deputy superintendent of police in Karnataka committed suicide by hanging himself from the ceiling at a private lodge on Thursday. Mandapanda Kushalappa Ganapathy (52), who was posted at the office of the Inspector-General (Western Range) in Mangaluru, killed himself after leaving behind a suicide note, Madikeri police said. He was in his uniform when he found dead.Ganapathy is the second DSP of Karnataka police to end his life in the past three days. On Tuesday, Chikkamagaluru Rural DSP Kallappa Handibag, 35, hanged himself in his in-laws' residence in Murgod town of Belagavi district. Handibag had been named in a case of kidnap and extortion.Sources in Mangaluru police said Ganapathy was "very disturbed" for some time but never revealed his problems to anyone.In his vedio recorded interview suicide note, Ganapathy allegedly blamed a senior police officer and an influential politician in Dakshina Kannada for his taking the extreme step. Ganapathy also alleged that the officer was seeking money for giving him a clean chit in a church-related case which Ganapathy handled seven years ago. However, police officers declined to reveal anything about the contents of the note.Ganapathy arrived in Madikeri around 10am Thursday and checked into Vinayaka Lodge. He later left for an interview with a local TV channel and returned to his room in the afternoon. Reportedly the interview was telecast around 8pm. He committed suicide hours after he gave the interview to a local TV channel, sources claimed. In the interview, he alleged he was being harassed by two senior police officers and a minister and they should be held responsible if something happens to him. Around 8.30pm, hotel employees noticed that Ganapathy's room had been locked for a long time and peeped into the window to find him hanging. They immediately alerted police, who broke open the door and sent the body for post mortem. Kodagu SP P Rajendra Prasad said Ganapathy was found hanging in Room No 12 on the third floor of the lodge.DGP Omprakash told media he would get everything investigated before commenting on what led to the suicide.

 According to citations Shiv Prasad Pandey vs State Of U.P. And Anr. on 10 October, 2002 "According to learned Sessions Judge, offence punishable under Section 306/511 IPC was made out against the petitioner, which means that the petitioner attempted to abet to commit suicide. Abetment as defined in Section 107 IPC reads as under :-- "Abetment of a thing. -- A person abets the doing of a thing, who -- First - Instigates any person to do that thing; or Secondly - Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly - Intentionally aids, by any act or illegal omission, the doing of that thing.