Instigation Archives

Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC: Bombay HC

The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.

Case Briefs Supreme Court

‘Acts of accused were too remote and indirect to constitute offence under S. 306 IPC’; SC quashes proceedings against mother accused of abetting suicide of son’s girlfriend

“A remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC.”

Case Briefs Supreme Court

Section 306 IPC | Hyperboles employed in exchanges should not be glorified as an instigation to commit suicide: Supreme Court

Taking strict note of casual resorting of S. 306 IPC, the Court said that conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life.

Case Briefs High Courts

‘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.

Case Briefs High Courts

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.

Case Briefs High Courts

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.”

Case Briefs High Courts

‘Utterances made in moment of anger cannot be deemed as instigation’; Punjab and Haryana HC set aside conviction and sentence of wife convicted for abetment of suicide

The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.

Case Briefs High Courts

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.

Case Briefs High Courts

Bombay High Court| Mere repeated monetary demands by a daughter does not establish her intention to instigate the father to commit suicide

Bombay High Court: In a case filed by Lata (‘petitioner’) daughter of the deceased who committed suicide and left a

Case Briefs High Courts

Andhra Pradesh High Court | Mere allegations of pressure or harassment at workplace will not suffice to attract ingredients of S. 306 IPC; Proof of instigation and abetment is necessary

Andhra Pradesh High Court: Subba Reddy Satti J. granted anticipatory bail to the Chief Executing Officer (applicant-accused) as on perusal

Case Briefs High Courts

Fear of stigma, not being believed and being blamed: 17-year-old girl leaving a note to her mother explaining ill deeds of her uncle who sexually harassed her, ended her life | Bom HC delves to know what happened

Bombay High Court: Sexual violence knows no boundaries, it occurs in every country, across all parts of society, Bharati Dangre, J., while