Tunisha Sharma Death: Co-star Sheezan Khan Held Under IPC Sec 306. What is ‘Abetment to Suicide’? EXPLAINED
Tunisha Sharma Death: Co-star Sheezan Khan Held Under IPC Sec 306. What is ‘Abetment to Suicide’? EXPLAINED
Explained: After Tunisha Sharma dying of suicide, her co-actor Sheezan Khan has been arrested under Section 306 of the IPC. What is abetment to suicide under the law?

Police on Sunday arrested a 27-year old co-actor of television and film actress Tunisha Sharma on the charge of abetting her suicide in Maharashtra’s Palghar district, an official said.

The 21-year-old actress allegedly died by suicide on the set of a serial in Vasai area here on Saturday, he said.

Based on a complaint filed by Sharma’s mother, the Valiv police here registered a case against the deceased’s co-actor, Sheezan M Khan, under Indian Penal Code Section 306 (abetment to suicide) and arrested him, the station house office of Valiv police station said.

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Sharma had acted in the TV show ‘Bharat Ka Veer Putra Maharana Pratap’ and films like ‘Fitoor’ and ‘Baar Baar Dekho’. The incident on Saturday took place on the set where the shooting of the serial ‘Ali Baba: Dastaan-E-Kabul’ was in progress.

Sharma had gone to the washroom on the set and did not return for a long time. When the door was broken down, she was found hanging inside, the official said. Her mother in her complaint claimed Sharma and Khan were in love and blamed the latter for her daughter’s extreme step, the police said.

No suicide note was found at the spot, the official said, adding the body was sent for post-mortem and further probe was on into the case.

What is Abetment to Suicide?

A person is accountable for abetment to suicide when any of the following conditions are fulfilled, according to a report by Legal Services India:

  • He/She instigates someone to commit suicide.
  • He/She takes part in a conspiracy to make a person commit suicide.
  • He/She helps the victim deliberately so he can commit suicide by doing an act or not doing something that he was bound to do.The abettor is defined in Section 108 of the IPC. A person who abets an offence is one who aids in the commission of a crime or the commission of an act that would have been an offence if committed by a person capable of committing an offence under the law with the same intent or information as the abettor.

According to Section 306 of the Indian Penal Code, if any individual commits suicide, whoever aids and abets the commission of such suicide, he/she shall be sentenced to either a term of imprisonment, which may be extended for a period of ten years, and a fine.

Section 306

Section 306 states that:

If a person commits suicide, whoever aids and abets the commission of such suicide shall be punished with imprisonment for a term not exceeding ten years, as well as a fine.

Suicide abettment is a cognizable, non-bailable, and non-compoundable offence tried in a Sessions court.

Cognizable offence: A police officer may make an arrest without a court warrant.

Non-bailable offence: Bail is granted to the accused at the court’s discretion, rather than as a matter of right.

Non-compoundable offence: Even if the complainant and the accused reach an agreement, the case cannot be withdrawn by the complainant. A case involving a non-compoundable offence will not be dismissed by the court.

How Did Section 306 Come About?

To prevent sati, Section 306 of the Indian Penal Code of 1860 was added. Sati was a popular practise in India at the time. This provision was subsequently added to eliminate this iniquity. It was determined that the wife committed suicide as a result of mistreatment by her mother-in-law, sister-in-law, and husband, the report explains.

It was determined that these individuals were liable to be convicted under Section 306 for assisting her in committing suicide.

With inputs from PTI

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