Should Poonam Pandey go to jail?

Note: This Weekly does not intend to validate, promote, or encourage the PR campaign undertaken by Ms Poonam Pandey on 2nd February 2024.

The country woke up with mixed reactions to Ms. Poonam Pandey’s video on 3rd February 2024, when she announced that she had faked her death as a publicity stunt to spread awareness about cervical cancer. This news of her death was earlier shared on her Instagram profile and was alleged to be true by her publicist. Her actions have been denounced by many as unethical, immoral, insensitive, and offensive to cancer survivors. 

This incident raises important conversations on the duty of the press to fact-check viral social media information and the ethics around using shock value as a tool for creating awareness. However, there were also people who  claimed that her actions were not only insensitive but also illegal. They filed multiple FIRs against her. 

What exactly is the charge against her?

The FIRs filed against Poonam Pandey and her publicist accused them primarily of spreading fake news for a publicity stunt. They have been accused of committing the criminal offense of cheating under Sections 417 and 420 of the Indian Penal Code, 1860. 

What is fake news?

Fake news is often confused with misinformation and disinformation. However, misinformation is false information that is spread with a belief that the information is correct. Disinformation, on the other hand, is misleading or biased information that is known to be incorrect but is deliberately spread to cause harm. Fake news, on the other hand, is purposefully crafted, sensational, emotionally charged, misleading, or fabricated information that mimics the form of mainstream news. 

Poonam Pandey’s publicity stunt can fall under the definition of fake news. However, spreading fake news in itself is not a crime in India, if the intention is not to harm or defraud someone. 

When is spreading fake news a crime?

Spreading fake news becomes a crime when it is done to: 

• promote enmity between different groups on grounds of religion, race, place of birth, residence, language, etc
• offend religious feelings
• harm a person’s reputation 
• provoke someone into disturbing the peace of the country 
• deceive someone into delivering a property, or destroying a valuable property. 

So, what matters is the purpose of spreading false information. The act of spreading false information in itself is not a crime. Similarly, “pseudocide”, which is the act of faking death, in itself is not a crime in India. It can become a crime depending upon the purpose for which death was faked. For instance, you might be punished with jail time if you fake your death to:

• secure life insurance money from insurance companies, 
• get unlawful access to money in wills,
• defraud someone to receive money, property, interest, or benefit from them, 
• avoiding financial obligations like paying back loans, alimony, child support, etc,
• avoid a penalty or jail sentence, or
• marry someone during a pre-existing marriage. 

Assisting someone in faking their death for any of the above reasons is also a crime and can land you in jail. 

According to Ms. Pandey, the purpose of faking her death was to raise awareness related to cervical cancer. It was not to deliberately deceive or defraud people into doing any act that would have benefitted her. Since her motive was not to commit a crime under the guise of her death, her actions cannot be considered criminal.. 

That being said, her controversial act can be deemed irresponsible and capable of causing deep distress in people who are cancer survivors, caretakers, or who have lost their loved ones to cancer. While a discussion on the legal ramifications of this act might not lead us to a satisfactory conclusion, the ethical ramifications remain open for discussion.