The media will be admired only if it adheres to the principles of journalism.

The rising sun of Bollywood, namely, Sushant Singh Rajput has unfortunately disappeared permanently from the planet. The sudden departure is engulfed with various mysterious circumstances spun by the media.

The electronic media of the country is hell-bent being glaringly oblivious to describe the simple case of suicide as the case of culpable homicide amounting to murder punishable u/s 302 of the Indian Penal Code.

As per the scheme of the law, the the investigation by virtue of the Providence of section 2(h) of Code of Criminal Procedure is the exclusive domain of the Police. The Police after the investigation submits its report in terms of section 173(2) Cr.P.C. to the Jurisdictional Magistrate, thereafter, the judicial inquiry starts and finally culminates either in acquittal or the conviction as the case may be.

There is a substantial difference between suicidal death and homicidal death. In the event of suicidal death deceased extinct the life on own and in homicidal death, the life is being taken away by the accused against the wishes of the deceased.

Section 306 of IPC deals with the case of suicidal death, whereas, section 302 of IPC deals with the case of culpable homicide. In the case of suicidal death, there is no intervention of any outer force, whereas, in the case of homicidal death the main cause is the use of outer force.

Section 306 of IPC (Abatement of suicide) mandates in unequivocal terms that if any person commits suicide, whoever abates the commission of such suicide shall be punished in accordance with the law.

The plain and simple wordings of section 306 speaks about the abatement by someone other than the deceased. It exposes exponentially that every suicidal death cannot be assigned the colour and complexion of abatement to suicide unless accompanied by the inalienable ingredient of abatement.

What would be the abatement, the legislature of British-India by way of statutory illustration appended to section 109 IPC; illustration(C), lucidly described. The same reads as under: –

“A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z. and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offences with the punishment for murder; and, A instigated B to commit the offence, A is also liable to the same punishment.”

Regrettably the media especially the electronic media has taken the front seat in fixing the culpability. Indeed, the media has become the Judge, Jury and Executioner. The preceding phrase in all sum and reality is atrocious anathema to the Rule of law. The scheme of justice enshrined in the sacred Constitution is being desecrated.

The media to score the brownie points in the neck and neck fight has forgotten the golden rule of journalism. The golden rule has its traces to the biblical rule of “Do into others, as you would have them to unto you” (Matt. 7:12).
Woebegone if the media has not completely failed but certainly substantially failed being deviated itself from the tenets of journalism. The ill effect of the same is that it is brewing ponderous poison in the mind of Public at large.

Owing to the high rate of illiteracy in our country, the majority of the public becomes prey to the trap of media.
The most hazardous effect of the same is that not only the Police but the Judges are also willy-nilly gets influenced by the untruthful version(s) displayed by the media in order to make the scripted story sensitive and believable.

The elementary jurisprudence of criminal law is that every accused irrespective of the magnitude of a crime shall be presumed to be innocent until proven guilty. The legislature in its solemn wisdom has provided certain statutory rights to the aggrieved person in the event of Police not moving in accordance with the law. Those rights can be invoked before the appropriate forum at the appropriate time.

The media shall be admired by adhering to the principles of journalism. Media must confine itself to the activity of gathering the true and correct facts surrounding the event and placing the same before the viewers/readers.

Likewise, the Police and the Judges holding the rein of the scheme of justice also incarcerate their investigation and judgments based on the facts collected/proved before them in terms of the law. They would not take even the slightest of notice of the propaganda militated by the media.

In the present state of affairs, it would not be unfair to state, herein, barring with notable exceptions, even the modicum of truth is seen in the stories telecast under different shows. What is visible is nothing but a sort of theatrical play, there is all commotion, commotion and nothing else.

Since death has occurred in Mumbai, therefore, the Police of Mumbai shall have the jurisdiction to investigate the matter in view of section 177 of Code of Criminal Procedure. The belated lodging of the FIR in the State of Bihar is nothing but a horrendous harassment to the other side.

With the intervention of the Supreme Court presently the investigation has been assigned to the C.B.I., it would be in the interest of justice to both the parties by shunning the mud-slinging at each other and similarly, media should also restrain itself lest the investigation and subsequent trial is adversely impacted.

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