Asked September 22, 2016

Suicide and legal action for it

  • 1 Answer

Sir, This is to inform that my sister had committed suicide 6 month Back at that time we dint register any police case because her daughter is 20 yrs and son 18 yr and might spoil there life. w e thought situation will change but nothing is happening now t he situation is that the children and there father are leaving separately ,so what legal action can the children can take on there father. Regards, Santosh Singh

Answer 1

Action against the husband may be taken only if he had some direct role to play in the suicide committed by your sister. If you can prove that she committed suicide due to actions of her husband then criminal suit may be filed against him under S. 306 of the India Penal Code, 1860 [1](IPC). This section provides punishment of imprisonment for a term which may extend to ten years, and additional fine for any person, whoever abets the commission of such suicide.

You may also charge the husband under S. 498A of IPC[2] if he has subjected your sister to cruelty. This section provides pun­ishment of imprisonment for a term which may extend to three years, with an additional fine, in case of cruelty. Under this section cruelty includes:

Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman. If you are able to prove that the act of cruelty committed by your sister’s husband caused your sister to commit suicide, you may charge him under this provision of IPC.

Moreover, under S. 20 of Hindu Adoptions and Maintenance Act, 1956[3], the daughter may claim for maintenance from her father if:

  • She is unmarried; and
  • She is unable to maintain herself out of her own earnings or other property.

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    Agree Comment 0 Agrees almost 6 years ago

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