HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Harsh Beniwal; Swarn Rekha River Revival Project; Sabarimala Pilgrimage; and more
A quick legal roundup to cover important stories from all High Courts this week.
abetment to suicide
‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer
To attract the offence under Section 3061 of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.
‘Making wife sleep on carpet not cruelty’; Bombay HC sets aside conviction u/s 306 IPC against husband and in-laws
To apply Section 3061 of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP| Stories on North-East Delhi Riots; Siddha Medicine; Spousal Privacy and more
A quick legal roundup to cover important stories from all High Courts this week
Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court
The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.
Mere occasional harassment or misbehavior does not amount to abetment to suicide: MP High Court
“Abetment requires a mental process of instigating or aiding a person in committing an act. Without a positive act of instigation or aiding, a charge under Section 306 IPC cannot be sustained.”
‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC
To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.
Wife attending midnight calls from unknown numbers despite husband’s objections; Not abetment to suicide as defined in S.107, IPC: J&K and Ladakh HC
The Court opined that this was a clear case where based on evidence collected by the Investigating Officer, respondent may, be held responsible for the deceased’s suicide, yet it cannot be said that the suicide committed by the deceased was abetted by the respondent.
Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC
The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.
A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court
The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.
Trivial domestic disputes do not necessarily constitute ‘Abetment to Suicide’: Madhya Pradesh High Court
Madhya Pradesh High Court noted that wife compelling the husband to do household chores, not preparing food on time, going to the market for shopping purposes, etc., are trivial dispute within domestic life.
‘Suicide note written weeks before suicide’: Kerala HC says bickering and quarrels not instigation while quashing abetment to suicide case against wife
“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”
Can breaking up and advising a partner to marry someone else amount to abetment to suicide? Supreme Court answers
Supreme Court remarked that broken relationships and heart breaks are part of everyday life.
Partner cannot be held liable for abetment to suicide, if lover commits suicide due to failed love affair : Chhattisgarh High Court
“For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.”
Merely because a person has been named in a suicide note, one can’t jump to conclusion that such person is the offender under S. 306, IPC: Karnataka HC
The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.
[Conviction for offence not charged] Acquittal in 304B by Supreme Court accompanies clutches of Section 306 of IPC
Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.
Demands made to recover loan amount cannot be treated as abetment to suicide: Chhattisgarh High Court
“If there was any unlawful activity performed by the petitioner to recover the loan amount, either the deceased or her husband could have taken shelter of any competent Court of law or made a complaint before the police authorities, which is missing in this case.”
Whether insisting the deceased to repay the loan borrowed and telling him to die amounts to abetment to suicide? Karnataka HC answers
In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide.
Karnataka HC refuses to quash abetment to suicide case against manager and teammates accused of joking about their colleague’s sexual orientation
The Court emphasised that persons belonging to LGBTQ community should be treated with all the love and affection because sensitivity of them being ostracized already pervades in their psyche.
Allahabad HC grants bail to man having love affair with the deceased on absence of ingredients of abetment to suicide
This is one of the cases where the youth in this country are spoiling their lives due to lure of free relationship with the member of the opposite sex aping western culture and not finding any real soulmate in the end.