On July 25, a Delhi court acquitted Gopal Kanda, former Haryana minister, along with his partner Aruna Chadha, of complicity in the suicide of a former air hostess who worked with the man’s aviation company, Geetika Sharma. The man said that “simply naming the defendant in a suicide note” is actually not enough to find him guilty of complicity.
Geetika was a twenty-three-year-old former flight attendant working at Canada’s MLDR Airlines. She died by suicide at her Delhi home on August 5, 2012. In the suicide note left behind by her, she said that she took the step due to “harassment” by Chadha and Kanda.
The accusations
Kanda and his partner were charged with complicity in suicide. The accusation was based on the note from the deceased and on the telephone conversation between Gettika and his mother.
In such conversations, the defendant “made accusations against Geetika’s character.” The defendant then asked Geetika’s mother to send her to the MLDR office in order to sign some documents.
What is complicity?
Instigation means inciting a person to commit a crime or offense and participating in a conspiracy. It can also mean intentionally including a person to commit a crime or crime.
For any crime to exist, or for someone to incite it to be committed, it must go through four stages. The first stage says that the crime must be committed by a human. This is quite obvious to understand because since crimes are part of humanity, every crime is backed by a human being.
The second stage of a crime is knowledge of the crime or of the intent. Knowledge plays a very important role in any criminal action. An act can be considered criminal only if behind it there is an intention (mens rea) to harm others.
Thirdly, to commit a crime, an attempt or execution is essential. This means that simply criminal intent is not required to commit a crime. You have to try in the direction of the crime.
And then comes the last stage of a crime, which is actually the crime itself. The successful outcome of the commission of an act with criminal intent constitutes a crime.
If we talk about complicity, it can actually take place in any of the four stages mentioned above.
Aid in law is referred to under sections 107 to 120 of the Indian Penal Code. Article 107 establishes the meaning of complicity. Complicity refers to instigating, inciting, encouraging or assisting in the execution of criminal intent. There are three acts that fall under complicity, namely, aiding and abetting, aiding and abetting.
Complicity by instigation is valid in case a person is intimidated, motivated, pushed or encouraged to commit a crime. There may be direct or indirect instigation.
When two or more people participate in a conspiracy and commit a criminal act, it is known as aiding and abetting.
Finally, when a person knowingly collaborates in the crime or omits a legal act, it is known as complicity by aid. However, this would not include helping an unknowing offender.
What is complicity in suicide?
Abetment to suicide is mentioned in section 306 of the IPC. It means to force someone to commit suicide. To be charged with accessory to suicide, there must be an allegation of incitement to commit, whether direct or indirect in nature, the crime of suicide.
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Source: ptivs2.edu.vn