Conviction rate dismal in suicide cases of debtors, say Indore's legal experts

In view of the recent case of suicide of an Indore-based realtor, legal practitioners in the city are of the opinion that the moneylenders can ask for their money, but the ‘means’ employed for the purpose is the grey area.
Updated on May 29, 2015 06:07 PM IST
Copy Link
Hindustan Times | ByVinit, Indore

In view of the recent case of suicide of an Indore-based realtor, legal practitioners in the city are of the opinion that the moneylenders can ask for their money, but the ‘means’ employed for the purpose is the grey area.

Recently, many cases of suicides due to harassment by moneylenders have come to light in the city but conviction rate in such cases has been dismal as it gets very difficult to prove abetment to suicide against moneylenders in court of law, lawyers said.

However, a suicide note by the victim in such cases in itself is a conclusive document, they added.

Advocate Pushyamitra Bhargav said, “In such cases conviction rate is generally low. The evidences produced before the court of law should prove that the coercing pressure by moneylenders is the ‘only’ reason behind a debtor’s suicide.”

As per Indian Penal Code (IPC), to attract the ingredients of abetment, the intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary.

A noted city-based lawyer Ajay Bagadiya said, “As per the law (Madhya Pradesh Money-Lenders Act 1934), recovery suit is the only means through which the moneylender can recover his money back from the debtor.”

However, often the means employed by moneylenders is not just limited to lawful ways, he agreed.

The law mandates that a moneylender should be registered with the prescribed authorities and should maintain detailed records of his account for each debtor separately and furnishes legible statements of account to the debtor from time to time.

“The practice of maintaining records is usually largely ignored by both the parties as private money lending business is carried more on face value than on papers. And in such instances, one of them takes edge over the other,” said another advocate on the condition of anonymity.

The control of usury has been a standard part of administrative work in this country from the Colonial era.

Earlier, this power was vested with Sub-Divisional Magistrate (SDM) and he was given complete discretion to decide upon the rates of interests to be charged from the debtor. Later the authority was transferred to the CEO Zila Panchayat in rural areas and to Municipal Corporation in urban areas.

However, all these provisions are not being implemented and the concerned authorities do not maintain any registers of the sahukars (moneylenders) operating in their jurisdiction nor do they inspect to see whether the sahukars are maintaining proper records or ensure that the rates of interest being charged are not usurious.

In the realtor Hemant Goyal suicide case, police said that the accused will also be given opportunity to present their view and the case will be monitored by an SP level officer.

Read: Suicide cases due to harassment by moneylenders on rise in Indore

SHARE THIS ARTICLE ON
Close Story
QUICKREADS

Less time to read?

Try Quickreads

  • In 2018, the scheme was stalled after the LG did not approve it.

    Govt may challenge HC order scrapping ration delivery plan

    The Delhi government may challenge a decision by the Delhi high court to scrap the contentious doorstep delivery of ration scheme, which was aimed at providing specific food articles to the homes of Public Distribution System beneficiaries. There are around 1.7 million ration card holders in the national capital who currently go to fair price shops to get the food articles they are entitled to.

  • Vehicles are stuck in a traffic jam as the Jammu-Srinagar National Highway (NH-44) reopens after it was closed following the landslide that occurred recently, at Samroli, in Udhampur on Friday. (ANI)

    Jammu-Srinagar national highway reopened, stranded vehicles allowed towards Kashmir

    Banihal/Udhampur/Jammu Hundreds of vehicles, stranded for four days, were allowed towards Kashmir on Friday night as one way was restored on the Jammu-Srinagar national highway after freshly building a road stretch to replace the one washed away in flash floods, officials said. Senior Superintendent of Police national highway, Shabir Ahmad Malik said while all blockades were removed and traffic cleared, the major problem of washing away of the road patch at Dewal bridge near Samroli on June 21 took three-and-half-days to be cleared.

  • The cinema takes its name from the family that ran it.

    Delhiwale: This way to Golcha

    As part of our 'Walled City dictionary' series that explores the names of Old Delhi places. Despite being a mere courtesan, Anarkali dares Emperor Akbar with a spunky dance. Golcha cinema, in Daryaganj, is screening the digitally coloured version of the classic Mughal-e-Azam. The single-screen hall shut down six years ago (last movie screened was Kahani 2). Golcha came up in 1954. The theatre is now a ghost of its recent past.

  • The territory of Jammu and Kashmir has been selected by the ministry for external affairs (MEA) for G-20 meetings during the summit of the high-profile grouping to be hosted by India in 2023. (HT File Photo)

    Jammu and Kashmir to host G20 summit next year, 5-member panel formed

    The Jammu and Kashmir government has constituted a five-member high-powered panel for overall coordination of G20 meetings to be held in the union territory next year. Acting upon a communique from the Union ministry of external affairs dated June 4, the principal secretary to the J&K government, Manoj Kumar Dwivedi accorded sanction for the constitution of the five-member panel.

  • NIA conducts searches in Jalalabad bomb blast case

    NIA conducts searches in Jalalabad bomb blast case

    The National Investigation Agency on Friday conducted searches at multiple locations in Punjab in the last year's Jalalabad bomb blast case. The NIA conducted searches at 6 locations in the districts of Ferozepur, Fazilka and Tarn Taran and digital devices (mobile phones, SIM cards, memory cards, DVRs) , ammunition and other incriminating documents/materials were seized.

SHARE
Story Saved
×
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Saturday, June 25, 2022