ARNAB GOSWAMI – A CASE OF ABETMENT OF SUICIDE OR NOT?
Arnab Goswami is a news anchor, also the managing director of the Republic media. He was arrested by the Maharashtra Government in connection with the death of an interior designer, Anvay Naik in 2018. Anvay Naik along with his mother Kumud Naik were found dead in May 2018.
Anvay was found hanging while it was later found, after the postmortem, Kumud Naik was strangulated and didn’t commit suicide. So, it was concluded that Anvay killed his mother before committing suicide.
There was a suicide note written by Anvay. In the note, Anvay put the blame of his suicide on Arnab Goswami along with 2 other companies. The reason for the suicide was the payment of 83 Lacs which was due and was not cleared by Arnab. Arnab claimed that he had cleared all his dues and denied all these charges.
Arnab Goswami's Case Prediction: Why was the Case Re-oponed?
In April 2019, the investigation of the case was closed due to the lack of evidence. The turning point was when Anvay’s daughter Adnya Naik approached to Maharashtra Home Minister Anil Deshmukh requesting to reopen the case. Thereafter the case was reopened and was handed over to CID. Hence, this case was not pursued by the Mumbai Police directly.
Arnab Goswami's Case Prediction: What does the Word Abetment Mean?
Arnab Goswami was charged of Abetment of Suicide. Abetment, according to the Indian Penal Code 1860, means instigating, engaging in a conspiracy, or assisting in committing the offence. So, Abetment of Suicide means instigating someone to suicide, engaging in a conspiracy that in-turn leads to the suicide or assisting in committing the suicide.
According to section 306 of Indian Penal Code 1860, Abetment of suicide.—if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Now the question stands that whether creating a condition like financial instability, complicated personal life or work pressure amounts to Abetment of suicide. To answer this question, we have to take a deeper review of the word Abetment. Section 107 of Indian Penal Code defines the word Abetment as follows: An abettor is defined as
1. First: Instigates any person to do that thing; or
2. Secondly: Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
3. Thirdly: Intentionally aids, by any act or illegal omission, the doing of that thing.
If we apply the above-mentioned principles to the current case, Arnab Goswami neither instigated Anvay Naik nor did he intentionally aid the suicide.
Example of intentionally aiding includes handing over someone a rope or a knife after knowing that he is not mentally well, and suicide might be an option for him.
Was it "A CASE OF ABETMENT OF SUICIDE OR NOT?"
In order to convict any person under section 306 of IPC, there have to be a clear intention to commit the offence which was not seen in this case. Along with the intention there must be an active act which just pushes the deceased to commit the suicide which was definitely not present in this case.
The Madras High Court, in a case which was factually similar to this case, said that merely a name of the accused mentioned in the suicide note the court must not jump to the conclusion that he is an offender under Section 306 IPC. According to some legal experts, those accused of abetment of suicide, can’t be held responsible for the act of the weak minded.
Therefore, unless there isn’t active reason or intention of Arnab Goswami and any act done thereof to put the intention in motion, there’s a very sleek chances of Arnab Goswami being ending up in Jail for Abetment of Suicide.
Additionally, there are some other cases going on against the channel republic like TRP Scam and “Incitement to disaffection” which may corroborate, and the court may compel Arnab to pay fine for it.
Author : Akash Bhardwaj