New Delhi: Republic TV promoter Arnab Goswami and two others were recently sent by a Mumbai court to two-week judicial custody in a 2018 suicide incitement case. The case has provided case law on the crime of complicity in suicide in public light. The incitement to suicide has been elaborated in the Indian Penal Code of 1860 and provides for the punishment and control of the commission of new crimes.
The case of the late actor Sushant Singh Rajput is also being investigated for the same crime among others.
In accordance with article 306 of the code, a person who incites the suicide of another person will be punished with a prison term of up to 10 years and may also be fined.
LiveMint spoke with some legal experts to shed some light on criminal law related to aiding and abetting suicide and off-bail crimes.
“When addressing the issue of granting bail in crimes not subject to bail, the Honorable Supreme Court established that the basic rule is bail, not jail, except when there are circumstances that suggest fleeing justice or repeating crimes or intimidating witnesses and things like that, “said Shri Venkatesh, founding partner of SKV Law Offices.
“A person has the right to his liberty even if he is accused of a non-bail offense and the right of an accused person should not be treated superficially by a court. Therefore, unless the prosecution can establish that Arnab Goswami will meddle in the investigation, the court will have to extend Goswami on bail, “he said.
In the Indian Criminal Justice System, the objective of arresting a person accused of having committed a crime is to ensure that he does not escape the rigors of the law, when his guilt is proven or the prosecution evidence is not tampered with. .
Angad Sandhu, partner of PSL Advocates & Solicitors explained that “an arrested person cannot remain in police custody for more than 24 hours and must be presented before a magistrate, when Goswami was presented before the Chief Judicial Magistrate, Alibaug, the court gave a categorical finding and noted that the police have not demonstrated a chain of circumstances that would justify police custody in relation to the FIR presented for the suicide of Anvay Naik in 2018.
The reason for review will be heard by the Court of Sessions on November 7. Meanwhile, the Bombay High Court will continue to hear Goswami’s guilty plea, where he has challenged his alleged illegal arrest and detention.
Goswami was arrested on November 4 from his residence in Mumbai for allegedly instigating the suicide of interior designer Naik and his mother Kumud Naik, directors of Concorde Designs Private Limited, for not paying ₹83 lakhs for the Bombay Dyeing Studio project.
“It is very likely that it will be said that the procedure established by the Criminal Procedure Code will come into play and the charges will be framed based on the FIR and a statement of charges will be filed in accordance with the law so that an adequate trial against the complaints made against Goswami, “added Angad.
On Friday, the hearing on Goswami’s bail bond was incomplete in Bombay High Court and the division court would continue the hearing on Saturday.
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