If Laws Were Suitably Drafted To Deal With Money Recovery, Victim Wouldn't Have Committed Suicide On Being Cheated: Punjab & Haryana HC

The Punjab & Haryana High Court has observed that the alleged victim's instigation to commit suicide would not have come "if the laws were suitably drafted and enacted to tackle and deal" with the situation, wherein the accused persons failed to return the deceased person's money.

It also noted that the new criminal law which has replaced the Indian Penal Code, Bharatiya Nyaya Sanhita failed to incorporate the change required to deal with offences like cheating or misappropriation.

The Court was hearing a pre-arrest bail plea in an abetment to suicide case, wherein it was alleged that the victim committed suicide because the accused persons had taken over Rs.80 lakhs from him and not returned the amount, which allegedly ruined his business.

Stating that the pre-arrest bail cannot be rejected, the judge reasoned, "There are specific allegations against the petitioners usurping and retaining the money of the deceased, but the instigation to commit suicide would not have come if the laws were suitably drafted and enacted to tackle and deal with this kind of situation. Even the newly drafted BNS has not incorporated any changes to deal with these situations,"

It further added that, "the victim might not have committed suicide if there had been a proper order put in place to deal with this kind of misappropriation. Without adequate and proper laws, even the Police would be helpless. Considering this factual and ground reality, the entire burden of abetment and instigation cannot be shifted upon the petitioners alone."

These observations were made while hearing the anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, the accused was booked under Sections 108 of BNS, 2023, 27 of Arms Act.

It was alleged that petitioners has abetted the deceased Mandeep Singh to commit suicide because he was under great mental stress due to his downfall in his business because the petitioner along with the co-accused cheated him and did not return the hefty amount, they had borrowed.

After examining the submissions, considering the allegations of cheating and misappropriation, the Court directed the concerned Superintendent of Police to constitute an SIT headed at least by an officer of the rank of DySP, and the SIT to carry out further investigation.

The Court stated that "There is another reason not to deny bail to the petitioners" which is that the laws are not suitably drafted to deal with the present situation and entire burden cannot be shifted on the accused persons.

It added that, "Even the newly drafted BNS has not incorporated any changes to deal with these situations."

The Court highlighted that the victim "might not have committed suicide" if there had been a proper order put in place to deal with this kind of misappropriation.

Stating that the "pre-trial incarceration should not be a replica of post-conviction sentencing," it said that the evidence might be prima facie sufficient to launch prosecution or to frame charges, but the Court is not considering the evidence at that stage but is analyzing it for the stage of anticipatory bail.

In light of the above, the Court opined that it does not justify custodial interrogation or pre- trial incarceration.

Consequently, the plea was allowed.

Mr. Rajat Dogra, Advocate for the petitioners.

Mr. Jasjit Singh, DAG, Punjab.

Title: Arshdeep Singh @ Arsh and another v. State of Punjab

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