5 ugly truths about Jiah Khan and other Abetment of Suicide Cases

1. You can be arrested, spend months in jail, then a decade in trial, with no to very little proof against you. It can happen to anyone. If you think this was a special case because of the media attention, you are wrong.
I began practice as an advocate 2 months after she lost her life. In my past 10 years of practice, I have consulted around 100 husbands and boyfriends who spent time in jail because a woman committed suicide. And I myself have gone through 2 to 3 thousand judgments, on this point!

2. Is it really that bad, once you get bail, and the case goes on? After all, you are not in jail any more and once you're found innocent you will be acquitted.
passport. liberty. lawyer fees. stigma. declarations everywhere. social media and internet slander.

3. It's not the same, the other way around. If a man commits suicide, do you think his wife or girlfriend will be arrested? Sadly, no. I have also consulted families of people who have committed suicide because of actions of a woman. Clear proof, all pointing out to one perpetrator, yet nothing done.
When we talk about equal rights, we may want to start talking about equal responsibilities as well.
Manav Singh, a 17 year old boy, committed suicide, and just a little time, about an hour or so before his death, bhav ammaya.

4. Will the false accuser now go to jail? Section 340 is a bitch. DHC recently imposed a fine of Rs. 10,000 on woman who accused BIL of rape. After she got Rs. 5,00,000 as alimony. Women just do not go to jail for perjury or malicious prosecution.
if you want her to go to jail, you must prove
A. the case was completely false and fictitious. Mere acquittal on failure to prove beyond reasonable doubt is not enough.
B. the case was filed with a malicious intent. as if it being a complete lie is not enough. C. It is in public interest, that the person should be punished for perjury.
These things give so much leeway to the judge, to not proceed against false complainant, that it's a joke.

5. Judges are very happy to keep you in jail when there is no proof against you, but very afraid to give you jail time when all the proof has been collected. What does this tell us? The criminal justice system is lazy. As long as, with good lawyering, the allegations are all severe, you can just use the two magic words "grave allegations" and keep a "man" in jail for elongated periods of time, even if there is no proof, and even worse, even when the man has clear proof of innocence.
But after the investigation is complete, even if there is a decent amount of evidence against the accused, rather than taking the trouble to actually go through everything with painful effort, you use the magical words "proof beyond reasonable doubt", and let even the most obviously guilty people go.





I am a Delhi based lawyer.

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