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News18
31-05-2025
- News18
Sending Draft Divorce Proposal Doesn't Amount To Abetment Of Suicide: Kerala High Court
Last Updated: The woman's mother had accused her husband and others of cruelty and abetment to suicide after her daughter jumped into a well The Kerala High Court recently set aside a trial court's order that added charge of abetment of suicide (Section 306 IPC) against a man whose wife died killed herself shortly after receiving a draft divorce agreement. The bench of Justice Dr Kauser Edappagath, delivering the judgment on May 22, allowed a petition filed by one Puthiya Purayil Shaji, challenging the Magistrate's decision to frame an additional charge under Section 306 IPC in a case already proceeding under Section 498A IPC (cruelty by husband). The case pertained to the tragic death of Shaji's wife in 2005, just three months after their marriage. The woman's mother, MK Padmini, had accused Shaji and others of cruelty and abetment to suicide after her daughter jumped into a well. An FIR was initially registered for both 498A and 306 IPC, but the final police report only invoked Section 498A. Years into the trial, after 11 witnesses had been examined, the prosecution moved an application under Section 216 CrPC, seeking to add the charge of abetment of suicide. The trial court agreed, finding that evidence from family members showed the deceased was devastated upon receiving a draft divorce agreement from the accused's side. However, the high court took a stricter view. It emphasised that the law demands more than emotional distress to prove abetment. 'They did not state that the petitioner played any active role in either instigating or intentionally aiding the commission of suicide…The prosecution has no case that the petitioner, through accused No.3 in Annexure A1 complaint, handed over the Annexure A2 draft agreement with the intention to drive the deceased to commit suicide," the court held. Referring to multiple Supreme Court precedents, the court reiterated that for a charge under Section 306 to stand, there must be a clear and proximate act of instigation or aiding the suicide. 'A mere allegation of humiliation, harassment or threat unaccompanied by any incitement or instigation is not at all sufficient to attract the offence," the court noted. The judgment further clarified that while Section 216 CrPC grants courts wide powers to alter or add charges, such powers must be exercised based on substantive material evidence. Since the prosecution's own witnesses did not allege any instigation or intent on the part of the petitioner, the addition of Section 306 IPC was found unwarranted. The high court also pointed out that the initial investigating officer had rightly excluded the abetment charge after reviewing the case diary. Therefore, setting aside the Magistrate's order, the high court ruled that the criminal trial shall proceed only under Section 498A IPC. If you or someone you know needs help, call any of these helplines: Aasra (Mumbai) 022-27546669, Sneha (Chennai) 044-24640050, Sumaitri (Delhi) 011-23389090, Cooj (Goa) 0832- 2252525, Jeevan (Jamshedpur) 065-76453841, Pratheeksha (Kochi) 048-42448830, Maithri (Kochi) 0484-2540530, Roshni (Hyderabad) 040-66202000, Lifeline 033-64643267 (Kolkata) First Published:
The Hindu
12-05-2025
- The Hindu
Non-furnishing grounds for arrest makes it illegal, HC reminds police
The Kerala High Court has reminded the police that their failure to comply with the requirement to inform a person being arrested of the grounds for his/her arrest as mandated under Article 22(1) of the Constitution will make such arrest illegal. Justice Kauser Edappagath made the observation while recently ordering the release of two persons arrested in two cases by the Tirur police in Malappuram and the Koippuram police in Pathanamthitta from the jail on the ground of not furnishing them the reasons for their arrest. The court pointed out that recently, in the Vihaan Kumar case, the Supreme Court had reiterated that the requirement of informing a person arrested of the grounds of arrest was not a formality but a mandatory constitutional requirement. If grounds of arrest were not informed as soon as the arrest, it would amount to violation of the fundamental right of the arrestee guaranteed under Article 22(1) of the Constitution and the arrest would be rendered illegal. The Supreme Court had further held that when an arrested accused alleged non-compliance with the requirements, the burden would always be on the investigating officer/agency to prove compliance with the requirements of Article 22(1). The court also noted that Section 47 of the BNSS, 2023 clearly stated that every police officer or other person arresting any person without a warrant shall forthwith communicate to him/her full particulars of the offence for which he/she was arrested or other grounds for such arrest. The court found that absolutely no material had been furnished by the police to prove that the grounds of arrest were communicated in writing or orally in the instant cases.
Time of India
09-05-2025
- Politics
- Time of India
Arrest invalid if reason not conveyed to the persons taken into custody: Kerala high court
Kochi: High court has held that failure to inform the arrested person of the grounds of arrest , as mandated under Article 22(1) of the Constitution of India, renders the arrest invalid. The court further observed that a person arrested without being informed of the grounds of arrest cannot be kept in custody even for a Kauser Edappagath made the observations while ordering the release of two accused, citing that neither had been informed of the grounds of their arrest. The court was hearing two separate petitions — one filed by the father of an accused in an NDPS case registered in Malappuram and the other by the mother of an accused in a cheating case registered at Koipuram police station in Pathanamthitta. The accused in the NDPS case had been arrested on Oct 2, 2024, and the accused in the cheating case on Feb 6, petitioners contended that the arrests were made without furnishing the grounds of arrest, thus violating Article 22(1) of the Constitution. HC noted that Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) stipulates that every police officer or other person arresting an individual without a warrant must immediately communicate to the arrestee the full particulars of the offence or the grounds for such arrest. Operation Sindoor How India shut down Pakistan's second desperate bid to escalate tensions Pak used civilian planes as shield to launch failed drone attack: India S-400, Spyder, Akash: What is in India's air defence arsenal? Article 22(1) likewise provides that no arrested person shall be detained in custody without being informed, as soon as may be, of the grounds for the the prosecution claimed that the accused were informed of the charges and the grounds of arrest, HC pointed out that no material had been placed on record to substantiate this claim. In the absence of such evidence, the court directed the respective trial courts to issue orders for the release of the the bench clarified that this order does not prevent the investigating agency from re-arresting the individuals, provided it is done strictly following the law.
The Hindu
28-04-2025
- Politics
- The Hindu
Thiruvananthapuram DLSA to implement four schemes for early dispute resolution
Kerala High Court judge Kauser Edappagath will perform the district-level inauguration of four initiatives of the Kerala State Legal Services Authority here on May 3. The Samayam, Samanwaya, Harmony Hub, and the Athijeevanam schemes will be implemented by the Thiruvananthapuram District Legal Services Authority (DLSA). Mr. Edappagath is also the chairperson of the steering committee of the Samayam scheme that is be rolled out to facilitate the referral of specific types of disputes from the police to legal service institutions such as the DLSA for pre-litigation settlement and conciliation. The main objective of Samayam is providing early and effective intervention in disputes with the objective of achieving resolution and preventing their escalation over time. Cases where the police cannot take action but which can escalate into criminal cases can be addressed through Samayam. The scheme is expected to ensure fairness and minimise unnecessary litigation. As part of collaboration under the scheme, all police stations will inform the DLSA when such disputes arise and the DLSA, in turn, will deploy a mediator for an amicable settlement of the matter. Samanwaya Samanwaya is a counselling facility that will work towards reconciliation and integration among individuals and communities. Four trained counsellors will be appointed by the DLSA for providing counselling, facilitating constructive dialogue through open conversations, and mending bonds among litigants or family rapprochement. Cases could be referred to from courts, legal service institutions, or mediation centres across the State. Harmony Hub Harmony Hub is a scheme that seeks to provide a neutral and peaceful environment for resolving issues in relationships through dialogue and mediation. Counselling service for partners, be it in a marriage or relationship in the nature of marriage, help work out relationship issues with the help of a trained professional. Mediation is yet another service that helps couples identify concerns and clear misunderstandings in a less adversarial manner in child custody, property division, alimony, and other financial matters. It is also faster and cost-effective than formal legal proceedings. Emotional support and wellness programmes will promote mental, emotional, and psychological well-being of partners. Athijeevanam Athijeevanam seeks to provide free legal services to victims of mass disasters, including man-made and industrial disasters, to defend their rights and entitlements under laws and welfare schemes of the government. It will coordinate the activities of all government departments to ensure that they get full benefits of policies and schemes and the steps taken by the disaster management authorities to reduce the crisis period.
The Hindu
21-04-2025
- The Hindu
Kerala HC directive to grant compensation to three persons who were falsely implicated in murder case
The Kerala High Court has directed the State government to take a decision on the recommendations of the investigating officer who conducted a further investigation into a murder case, which was wrongfully probed and prosecuted, for granting adequate compensation to three persons who were wrongfully arraigned as accused but were acquitted later by the High Court. The case was registered by the Guruvayur police in 1994. Justice Kauser Edappagath passed the verdict recently while allowing a writ petition by Baburajan, Biji, and Rafeeque of Chavakkad seeking compensation for being falsely implicated in the case. The court also directed the State government to take a decision on the recommendations of the investigating officer to take appropriate action against the officers who were responsible for the false implication of the petitioners in the crime. The court also made it clear that the petitioners are free to approach the court or to initiate appropriate legal action if they are aggrieved by the decision of the government and to initiate appropriate action against the officers who were responsible for falsely implicating them. The petitioners are also entitled to initiate suitable legal action if they are dissatisfied with the quantum of compensation, the court said. The Deputy Superintendent of Police-II, Crime Branch, Thrissur, who conducted the further investigation on the basis of the High Court directive found that the previously accused persons, including the petitioners, were not the real culprits, and the crime was actually committed by a Muslim fundamental group, Jm-Iyathul Ihsaniya. Nine members of the group were later arraigned as the accused in the case.
