Jiah Khan Dead, Bollywood UPDATE: Supreme Court Advocate Says Suraj Pancholi Not Guilty of Abetment

An Indian Supreme Court senior advocate told The Business-Standard that the charges against Bollywood actor Suraj Pancholi of abetting the suicide of his former girlfriend Jiah Khan are unjustified. 

KTS Tulsi explained that a true abetment of suicide is when the defendant intentionally goads the victim into killing themselves or provides means of doing so. Pancholi is currently imprisoned under the suspicion that he may have inspired Khan to take her own life because of the breakup that the couple had undergone. Tulsi stated that this is a "classic example" of misuse of the abetment law, and that it sets an impossible standard for anyone in a relationship. 

"The law doesn't say you cannot get out of a relationship," he said. "Even in a marriage, a husband and wife will have arguments. Now, if solely on account of an argument, a person commits suicide, that implies that no two persons will be able to live together. Suicide is never the product of a sane mind."

Although Tulsi says very few abetment cases are accurate, he argued that the presence of the law was justified in India due to the frequency of dowry deaths, any murder or suicide where a woman is killed based on a dowry. He said such deaths occur every 77 minutes. He also cited rape and abuse as examples of abetting female suicide. 

Pancholi has been accused by Khan's mother Rabia of both rape and abuse. Khan's suicide note, which is currently undergoing analysis for authenticity, references Pancholi committing both acts and asserts that Khan underwent an abortion. Rabia says that Khan had facial injuries around the time that she and Pancholi split. 

Still, Tulsi warned that the most damaging aspect of the abetment law was the negative effect it had on the accused. 

"In India, process is punishment. And the fact is that the rich and famous suffer much more because of the media hype that is created around the incident," he said, cautioning against rushing to judgement against Pancholi. "In such cases, investigators are under pressure, bail is denied and the person is perceived as guilty even before being proven so. The court is supposed to rectify the situation, but it also comes under pressure. The problem is not the law, the problem is the prejudice that is created."