Bringing you the Best Analytical Legal News
“When the deceased came to know that the accused was about to marry another woman, she inquired about the same over the phone, and enraged by the query, the accused scolded the deceased and said, ‘go away and die’. The deceased feeling mentally disturbed, jumped into a well along with her daughter and committed suicide.”
“In the case on hand, even if we believe that the accused due to opposition and pressure from his family declined to get married with the deceased, it could not be said that he led to a situation by which the deceased was left with no other option but to commit suicide.”
“Though ‘love thy neighbour’ is the ideal scenario, neighbourhood quarrels are not unknown to societal living. They are as old as community living itself. The question is whether on facts there has been a case of abetment of suicide?”
“Reading of the complaint, filed in the present case, would go to show that, necessary ingredients to attract the alleged offence is not found.”
“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”
“Unless the attention of the court is drawn to the specific consequences that would follow on account of the conviction, the person convicted cannot obtain an order of stay of conviction.”
The suicide note has no date, creating doubt about when it was written. It neither spells out any circumstance, which can be labelled as abetment on the part of wife and her brothers, nor does it disclose any proximate reason for the suicide.
Instigation or incitement on the part of the accused person was the gravamen of the offence of abetment to suicide but a mere allegation or accusation of harassment made by the deceased prior to his death, cannot be held as the fulcrum of an offence under Section 306 IPC.
“The Court would not hesitate to exercise its extraordinary powers which are inherent to quash such proceedings when it comes to fore, and the court is satisfied that allowing the proceedings to continue would be an abuse of process of Court or that the ends of the justice require that the proceedings ought to be quashed.”
“By allowing legal heirs to settle such cases unilaterally, the justice system would fail in its duty to hold perpetrators accountable, since the crime does not affect only the family but has wider ramifications for society at large.”
The Court stated that the Trial Court would examine whether the deceased took a drastic step of ending his life due to the regular and constant instigation of the accused or due to the weakness of his mental health.
“Was there anything more sinister? Even if it was suicide what was the real cause? Was the deceased girl distraught with what happened to her friend? Considering the under-currents and the disapproval of the relationship, was there any instigation for the suicide from any other quarter?”
“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.”
The husband and wife were married for about one and a half year, and due to continuous quarrels, the wife started living in her parental home along with their 6-month-old daughter at the time of the incident. During this period, the husband committed suicide.
“It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under Section 306 IPC cannot be sustained.”
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.
“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.
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.
“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.”
MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.