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What does the law say in the case of Arnab Goswami's arrest?

Posted on 6th Nov 2020 02:49 pm by rohit kumar

Maharashtra's Raigad police on Wednesday morning arrested Arnab Goswami and two others for allegedly abetting 52-year-old interior designer Anvay Naik to commit suicide.

 

Section 306 of IPC has also been imposed on them.

 

Arnab was arrested from Mumbai and later taken to Alibaug in Raigad district. At one o'clock in the afternoon, he was produced in the district court of Alibagh.

 

After a six-hour hearing, the court decided to send them to judicial custody for 14 days.

 

But the law under which Arnab was arrested, is being debated on social media.

 

Many Union ministers are calling it an emergency, many people are calling it against freedom of expression, and many people are calling it an attack on the freedom of the press. Many people are writing that the closed case has been reopened with a sense of political vendetta.

 

But there is also a section which says that the matter is the abetment of suicide, which should not be associated with the freedom of the press or the freedom of expression.

 

Therefore, it is important to understand what is Section 306 of the IPC, under which Arnab Goswami has been arrested.

 

What is Section 306 and 34 of IPC?

 

The Indian Penal Code i.e. IPC has a provision of section 306 to incite a person to suicide.

 

This section is imposed on the person who has forced a person to commit suicide.

 

Arnab Goswami, who has been accused of abetting the interior designer Anvay Naik for suicide, actually wrote a suicide note before he died.

 

In the note, Anvay Naik alleged that he and his mother decided to end their life because Feroz Sheikh and Nitesh Sarda had not paid Rs 5.40 crore with Arnab.

 

Based on this suicide note, Arnab Goswami has been charged with Section 306 of the IPC.

 

When and under what circumstances will be considered 'Uksana' for self-destruction, it is defined separately in section 107 of IPC.

 

There are three things under this. The first is when someone deliberately helped to commit suicide. That is, to rope someone intentionally, put a chair, sprinkle oil, match matches, etc. for suicide.

 

Second, someone should be involved in a conspiracy for suicide. And the third is to provoke directly.

 

If any person is responsible for the suicide of another person in any of these three ways, then Section 306 can be imposed on him. If the case is proved, it carries a punishment of 10 years of imprisonment and a fine can also be imposed.

 

In this, the police can arrest the accused without a warrant. In such a case only the court has the right to grant bail, not the police station.

 

Whereas Section 34 of the IPC is imposed on them, in which a criminal commits a crime with common intention with others. Arnab is also accompanied by two other accused in the case.

 

Statements before death

 

Deepak Anand, a lawyer practicing in the Supreme Court, says, "We have seen in practice that most of the cases under Section 306 are imposed under dowry law. But if no one ever heard abuses in life and once someone gave it, If someone commits suicide due to this, then the person who abuses in this case can not be charged with Section 306. The Supreme Court has said this in different decisions. But if every day you are mentally torturing someone, Physically harassing, because of this, if someone has committed suicide, then Section 306 can be imposed on the abuser. "

 

He adds, "Evidence is required to apply Section 306. Generally, the last words of a dying person are considered as 'dying declaration', that is, a statement given before death. Such a statement has a huge role in this section. . "

 

According to BBC Marathi correspondent Mayank Bhagwat, the Raigad police said during a hearing in the court that they took action by treating Anvay Naik's suicide note as a "dying declaration".

 

Is a suicide note considered a 'dying declaration'?

In response to this question, Advocate Deepak Anand says, "The suicide note is considered a 'dying declaration' under section 32 of the Indian Evidence Act. But there are also some but ones. What was the condition of the death, in what condition? , What did he write in the suicide note, the reason behind the name of which is written, is the reason for the suicide, was the last way left, what is there in the content of the suicide note? All such aspects need attention during investigation. . "

 

Deepak Anand says, "Even in the arrest case of Arnab Goswami, it is important to know what is written in the suicide note? Also, it is important to know that if Anvay Naik does not get the money for his work, then the money Which path did he take for recovery? "

 

He further says, "In such a case the law allows you to file a recovery case. I am not aware of whether Anvay Naik did it in this case. If the recovery case was filed, what trouble did he face, I do not know this. The police will also have to find answers to these questions in their investigation. "

 

"The police will also have to prove in the investigation how Arnab tortured them? Scared, threatened, sent goons, what did he do? Was Arnab tortured by Arnab so that suicide was the last path? We do not know much about it yet. The police will have to keep all these things in front of the court in the investigation. Arnab Goswami can be punished in this case only if the answers to these questions and the evidence are found firmly in the investigation. "

 

How to investigate the case again?

 

The arrest of Arnab Goswami is another matter in the case.

 

The investigation of the Anvay Naik suicide case has been done once before, after which the Raigad police closed the case in 2019. In this whole case, the magistrate also accepted the police report of 2019.

 

If the police get any new evidence in such a closed case, then the law says that the police will have to go to court and get permission to re-examine the case. A double-check can be started only after getting permission.

 

On Wednesday, this question was asked to the police during a debate in the District Court of Alibaug.

 

According to BBC Marathi correspondent Mayank Bhagwat, "The court said in its order that the report had been accepted by the court to close the earlier investigation. In such a situation, the police did not ask the court to re-examine the previous report, any It has not been challenged in the court. Just by writing a letter, the court was informed about the order to investigate. "

 

Raigad police told the court that on October 15, they had informed the court about this by writing a letter.

 

According to Deepak Anand, if the court is not allowed to start a re-investigation in the Anvay Naik suicide case, the foundation of the whole case can be proved wrong. This aspect of investigation therefore becomes the most important.

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