Abetment of suicide: FIR against IPS officer Kumar’s wife, her brother legally untenable: Experts
SC rulings indicate that a proximate incident or act prior to the suicide was held to be a very relevant aspect in finding the death to be a direct causation of the acts of the person accused of abetting the suicide: Legal experts
The abetment of suicide case registered by the Rohtak police against deceased Haryana IPS officer Y Puran Kumar’s wife Amneet P Kumar and her brother seems to be legally untenable, as per several Supreme Court rulings.
The case was registered against Amneet, an IAS officer, her brother Amit Rattan, an AAP MLA from Punjab, and two cops deployed with the IPS officer, Sushil Kumar and Sunil Kumar, after an assistant sub inspector (ASI) of Rohtak police Sandeep Lathar allegedly took his life on October 14.
The FIR registered on October 15 at Rohtak on the basis of a complaint by Lathar’s wife, Santosh quotes her as saying that her husband ended his life due to political and administrative pressure mounted by Amneet P Kumar, her brother Amit Rattan after Puran Kumar’s suicide on October 7.
SC rulings have crystallised law on abetment
The apex court, in a number of judgments, has crystallised the law on abetment. In a December 20, 2024 judgment, the apex court said that to attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the deceased. “Such instigation or incitement should reveal a clear mens rea (intention) to abet the commission of suicide and should put the victim in such a position that he or she would have no other option but to commit suicide,’’ the SC said.
The deceased ASI who was a part of the team investigating an extortion case registered against Sushil had alleged in his suicide note and a video that he was sacrificing his life to bring public awakening on two vital issues affecting the society- corruption and casteism.
Lathar alleged that the deceased IPS officer was corrupt and tortured police department employees during his recent tenure at Rohtak. The ASI also alleged that Amneet is corrupt and there should be an investigation to reveal the truth. “They have deep roots… He (Puran Kumar) committed suicide to save his family. His wife is also scared… They are giving it a caste colour. They are trying to suppress the truth,” Lathar said in a video.
Legal experts’ take
A senior Supreme Court lawyer handling criminal matters questioned how these allegations will make out a case of abetment. “There are larger questions to be answered. Why did he (Sandeep Lathar) sacrifice his life? He has not alleged any specific instance as to why he was being forced to take his life. If he was generally disturbed by the turn of events and thought that someone very high, mighty and morally very correct in his eyes was being made to suffer, then how would this attract Section 108 of the Bharatiya Nyaya Sanhita (abetment of suicide),” said the lawyer who did not want to be quoted.
Another legal expert said that some of the persons mentioned as accused in the Rohtak FIR did not even know the ASI. “They haven’t instigated him in any way. Under no circumstances this case can fall under the ambit of Section 108,” he added.
In an August 18, 2025 judgement, the SC held that abetment involved the mental process of instigating a person or intentionally aiding a person in doing of a thing and without a positive act on the part of the accused, in aiding or instigating or abetting the deceased to commit suicide, a conviction cannot be sustained.
Rulings relevant in Chandigarh FIR too
Legal experts said that apex court rulings crystallising the law on abetment also hold true for the abetment to suicide FIR registered by Chandigarh Police against a number of Haryana IPS and IAS officers. The FIR was registered on the basis of a suicide note purportedly written by Kumar and a complaint by his wife following his suicide. Kumar in his “final note” had named 14 officers alleging prolonged caste-based discrimination, targeted mental harassment, and humiliation within the Haryana Police since August 2020.
“The SC rulings on abetment applies in this case as well. There has to be a proximate live link to establish abetment of suicide. Holding so many persons and their actions (over a period of 6-7 years) responsible for abetment will not be sustainable in the eyes of law,’’ said a legal expert. However, with Chandigarh Police investigations being primarily focused on the October 6 FIR registered by Haryana Police against Sushil Kumar, who was deployed with Puran Kumar, for allegedly extorting money and believed to be the immediate trigger for IPS officer’s suicide, the role of Haryana police officials involved in the investigations will be under scanner.
