{"id":347137,"date":"2025-05-05T13:00:57","date_gmt":"2025-05-05T07:30:57","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=347137"},"modified":"2025-05-05T13:00:05","modified_gmt":"2025-05-05T07:30:05","slug":"sc-quashes-abetment-case-husbands-inlaws-mens-rea-absence","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/05\/05\/sc-quashes-abetment-case-husbands-inlaws-mens-rea-absence\/","title":{"rendered":"Allegations of past harassment insufficient without proximate mens rea for abetment of suicide: Supreme Court quashes case against Husband’s in-laws"},"content":{"rendered":"
\n

Supreme Court:<\/span> In two appeals preferred against the judgment passed by Madras High Court, wherein the Court dismissed the petitions preferred by the accused persons under Section 482<\/a> of the Criminal Procedure Code, 1973<\/a> (‘CrPC’) for quashing of the chargesheet submitted against them under Section 306<\/a> of the Penal Code, 1860<\/a> (‘IPC’), the division bench of Abhay S. Oka and Augustine George Masih*<\/span>, JJ. highlighted that mere allegations of harassment, especially when made about an incident that occurred a month prior, followed by a complete lack of contact, could not suffice to conclude that the accused persons compelled the deceased to take his life.<\/p>\n

The Court held that since the essential ingredients for the offence of abetment to suicide had not been fulfilled, the continuation of the proceedings was not sustainable. Accordingly, the appeals were allowed. The impugned judgment dated 13-04-2018 passed by the High Court was quashed and set aside, along with the proceedings pending before the Assistant Sessions Judge, Kanchipuram.<\/p>\n

Background<\/h3>\n

The relevant facts of the case indicated that the deceased-husband and accused 7- wife were married on 15-09-2013. Both were well-qualified individuals, with the deceased being an engineer and accused 7 holding an MBA degree. Soon after their marriage, the relationship between them deteriorated. It was alleged that on 10-11-2013, accused 1 to 6 visited the residence of the deceased and engaged in a quarrel. They not only abused the deceased and his family using filthy language but also insulted him by calling him impotent and infertile. Accused 7 left with accused 1 to 6 to her parental home. The prosecution claimed that from 10-11-2013 to 09-12-2013, the deceased was continuously harassed by accused 1 to 7, which ultimately drove him to commit suicide. Initially, a case was registered by the deceased’s younger brother. It was further alleged that while taking accused 7 with them, the other accused had threatened to file a false dowry case against the deceased and his mother. Ashamed and depressed, the deceased reportedly withdrew from society and stopped leaving his house. During the investigation, the deceased’s mother handed over torn pages from a diary allegedly maintained by the deceased, which contained a suicide note outlining the harassment he had suffered at the hands of the accused. Considering this, the police altered the case to one under Section 306<\/a> IPC<\/a>. Following the completion of the investigation, a chargesheet was filed, and the case was committed to the Court of Sessions. A petition under Section 482<\/a> CrPC<\/a> was subsequently filed before the High Court, challenging the charges on the ground that the ingredients of Section 306<\/a> IPC<\/a> were not satisfied, even assuming the suicide note to be genuine. Alleged flaws in the investigation were also raised. However, the High Court dismissed the petition, leading to the filing of the present appeals.<\/p>\n

Analysis and Decision<\/h3>\n

The Court noted that the incident which allegedly triggered the suicide, according to the suicide note, occurred when the relatives of the deceased’s wife, who were arrayed as accused in the case, barged into their house on 10-11-2013. They started abusing the deceased and his mother using filthy language and were alleged to have manhandled them. Following this, the wife of the deceased went with them to her parental home, and while leaving, they publicly shouted that the deceased was impotent. Furthermore, his wife had threatened to publish his nude photographs, which she had taken, on the internet. The allegations further stated that the very next day, his wife along with two other individuals, came to their house for a discussion about the incident that had taken place on 10-11-2013. This was seen as a well-planned and executed act to damage the reputation of the family. Allegations of illicit relations involving his wife and the threat of false implication in a dowry case were also highlighted.<\/p>\n

The Court said that what primarily emerged from the sequence of events, statements, and the suicide note was that from 11-11-2013 until the date of the suicide on 09-12-2013, there had been no contact whatsoever, either in person, by phone, or through any other means between the deceased or his relatives and his wife or any of the other accused. This absence of communication indicated that there was no continuous harassment, torture, or pressure exerted by the accused persons on the deceased during that period. As such, there was no proximity of any alleged harassment or instigation immediately preceding the suicide. Furthermore, the contents of the FIR did not, in themselves, reveal any active or direct act that could be said to have left the deceased with no option but to commit suicide. From the suicide note, no abetment could be established; there was no evidence to suggest that the accused had instigated the deceased or subjected him to persistent cruelty or harassment that would constitute abetment of suicide.<\/p>\n

The Court highlighted that mere allegations of harassment, especially when made about an incident that occurred a month prior, followed by a complete lack of contact, could not suffice to conclude that the accused persons compelled the deceased to take his life.<\/p>\n

The Court further emphasized that mens rea<\/span> could not be presumed; it had to be clearly established. In the absence of a positive act on the part of the accused persons that could be said to have instigated or aided the commission of suicide, the essential ingredients of the offence were found to be lacking.<\/p>\n

The Court explained that Section 306<\/a> IPC<\/a> required, as a first condition, that a person had committed suicide. However, for establishing abetment of such an act, the essential ingredients needed to be found within Section 107<\/a> IPC<\/a>. Under Section 107, abetment required either: instigation; engagement in a conspiracy with others to commit the act or omission; or intentional aiding of the act by any action or illegal omission. The Court noted that through a large number of its previous judgments, it had been firmly established that the essential elements of the offence under Section 306<\/a> IPC<\/a> were: (i) abetment, and (ii) the intention of the accused to aid, instigate, or abet the deceased in committing suicide. The Court further observed that merely because an act of the accused was insulting or involved the use of abusive language, it would not by itself amount to abetment of suicide. There had to be clear evidence suggesting that the accused, by such acts, intended to provoke or instigate the deceased to take the extreme step of ending their life.<\/p>\n

The Court stated that since the essential ingredients for the offence of abetment to suicide had not been fulfilled, the further continuation of the proceedings was not sustainable. The other evidence, such as witness statements relied upon by the prosecution apart from the suicide note, did not, in any manner, strengthen the prosecution’s case, especially considering that the foundation of the case rested on the suicide note itself. With the element of abetment conspicuously absent from the allegations made in the FIR, which was primarily based on the suicide note, the essential requirements for constituting an offence under Section 306<\/a> IPC<\/a> remained unfulfilled. As a result, the continuation of the criminal proceedings initiated against the accused persons amounted to an abuse of the process of law. The Court emphasised that it could not permit such proceedings to degenerate into instruments of harassment or unjust prosecution.<\/p>\n

The Court concluded that since the offence under Section 306<\/a> IPC<\/a> was not made out, the continuation of proceedings against the accused persons could not be permitted. Accordingly, appeals were allowed. The impugned judgment dated 13-04-2018 passed by the High Court was quashed and set aside. The proceedings pending before the Assistant Sessions Judge, Kanchipuram, were also quashed and set aside.<\/p>\n

<\/p>\n

\n

CASE DETAILS<\/p>\n\n\n\n\n<\/colgroup>\n\n\n
\n

Citation:<\/span>
2025 SCC OnLine SC 987<\/a><\/span><\/p>\n

Appellants :<\/span>
Shenbagavalli<\/p>\n

Respondents :<\/span>
State<\/p>\n<\/td>\n

\n

Advocates who appeared in this case<\/p>\n

For Appellants(s):<\/span>
Ms. Rebecca M. John, Sr. Adv., Ms. Anushka Baruah, Adv., Mr. John Mathew, AOR, Ms. Rachana Srivastava, Sr. Adv., Mrs. Mona K. Rajvanshi, AOR<\/p>\n

For Respondent(s):<\/span>
Mr. V. Krishnaurthy, Sr. A.A.G., Mr. D. Kumanan, AOR<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

CORAM :<\/span><\/p>\n

\n
\n

\"Abhay
Abhay S. Oka, J.<\/span><\/img><\/p>\n<\/div>\n

\n

\"Augustine
Augustine George Masih, J.<\/span><\/img><\/a><\/p>\n<\/div>\n

<\/div>\n
<\/div>\n
<\/div>\n
<\/div>\n<\/div>\n<\/div>\n

Buy Code of Criminal Procedure, 1973  HERE<\/a><\/h3>\n

\"Code<\/a><\/p>\n

Buy Penal Code, 1860   HERE<\/a><\/h3>\n

\"penal<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

“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.”<\/p>\n","protected":false},"author":67512,"featured_media":347142,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,9],"tags":[30948,81707,33163,29904,81706,30947,76905,5363],"class_list":["post-347137","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-supremecourt","tag-abetment-to-suicide","tag-false-charges","tag-in-laws","tag-mens-rea","tag-past-harassment","tag-section-306-ipc","tag-suicide-case-quashed","tag-supreme-court"],"yoast_head":"\nSupreme Court quashes 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discusses essential ingredients of S. 306 IPC while discharging husband & his family from charges of abetting wife\u2019s suicide","author":"Editor","date":"December 11, 2024","format":false,"excerpt":"\u201cIt 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\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Essential ingredients of S. 306 IPC","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/12\/Essential-ingredients-of-S.-306-IPC.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/12\/Essential-ingredients-of-S.-306-IPC.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/12\/Essential-ingredients-of-S.-306-IPC.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/12\/Essential-ingredients-of-S.-306-IPC.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":322601,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/05\/21\/threat-to-falsely-implicate-in-rape-and-eve-teasing-case-amounts-to-abetment-to-suicide-mp-high-court-scc-times\/","url_meta":{"origin":347137,"position":1},"title":"Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court","author":"Ritu","date":"May 21, 2024","format":false,"excerpt":"MP High Court opined that continuous threat of false implication can demean and destroy an individual\u2019s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Madhya Pradesh High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":90101,"url":"https:\/\/www.scconline.com\/blog\/post\/2016\/12\/03\/in-order-to-convict-a-person-for-abetment-of-suicide-there-has-to-be-a-clear-mens-rea-to-commit-an-offence\/","url_meta":{"origin":347137,"position":2},"title":"In order to convict a person for abetment of suicide, there has to be a clear mens rea to commit an offence","author":"Prachi Bhardwaj","date":"December 3, 2016","format":false,"excerpt":"Supreme Court: Dealing with the scope of Section 306 IPC, the Court said that in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit an offence and that there ought to be an active or direct act leading the deceased\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/11\/DSC_5487.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/11\/DSC_5487.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/11\/DSC_5487.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/11\/DSC_5487.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/11\/DSC_5487.jpg?resize=1050%2C600&ssl=1 3x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/11\/DSC_5487.jpg?resize=1400%2C800&ssl=1 4x"},"classes":[]},{"id":223482,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/12\/24\/bom-hc-explains-abetment-by-instigation-while-acquitting-in-laws-of-offences-punishable-under-ss-306-and-498-a-ipc\/","url_meta":{"origin":347137,"position":3},"title":"Bom HC explains “abetment by instigation” while acquitting in-laws of offences punishable under Ss. 306 and 498-A IPC","author":"Bhumika Indulia","date":"December 24, 2019","format":false,"excerpt":"Bombay High Court:\u00a0K.R. Shriram, J., dismissed an appeal filed against the order of the trial court whereby it had acquitted of the offences punishable under Sections 498-A, 306, 201 read with Section 34 Penal Code, 1860. The accused were the in-laws of the deceased. The complainant (father of the deceased)and\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":295633,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/29\/suicide-matrimonial-home-husband-family-liablility-s-306-ipc-p-and-h-hc\/","url_meta":{"origin":347137,"position":4},"title":"Punjab and Haryana High Court: Woman committing suicide in matrimonial home does not itself make husband and in-laws liable under Section 306 IPC","author":"Editor","date":"June 29, 2023","format":false,"excerpt":"The Court said that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"punjab and haryana high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/punjab-and-haryana-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/punjab-and-haryana-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/punjab-and-haryana-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/punjab-and-haryana-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":319250,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/04\/03\/mere-trivial-disputes-within-domestic-life-do-not-necessarily-constitute-abetment-to-suicide-mp-hc-scc-times\/","url_meta":{"origin":347137,"position":5},"title":"Trivial domestic disputes do not necessarily constitute \u2018Abetment to Suicide\u2019: Madhya Pradesh High Court","author":"Ritu","date":"April 3, 2024","format":false,"excerpt":"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.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Madhya Pradesh High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/347137","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67512"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=347137"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/347137\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/347142"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=347137"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=347137"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=347137"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}