{"id":375965,"date":"2026-02-18T10:00:10","date_gmt":"2026-02-18T04:30:10","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=375965"},"modified":"2026-02-23T09:27:31","modified_gmt":"2026-02-23T03:57:31","slug":"no-abetment-of-suicide-without-proximate-positive-action-by-accused-phhc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/02\/18\/no-abetment-of-suicide-without-proximate-positive-action-by-accused-phhc\/","title":{"rendered":"Section 108 BNS| No abetment of suicide without proximate positive action by accused: Punjab & Haryana HC grants bail to wife in husband\u2019s suicide case"},"content":{"rendered":"
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Disclaimer:<\/span> This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.<\/span><\/p>\n

Punjab and Haryana High Court:<\/span> In a petition filed by the petitioner-wife under Section 483<\/a> of the Nagarik Suraksha Sanhita, 2023<\/a> (‘BNSS’) seeking regular bail in case where she was accused of abetting suicide by her husband, a Single Judge Bench of Manisha Batra<\/span>, J., held that in the absence of any positive action on the part of the accused proximate to the time of occurrence which led to suicide, offence under Section 108 of BNS would not be considered to have been committed. Thus, the Court granted bail to the wife.<\/p>\n

Background<\/h3>\n

The FIR was registered under Sections 108<\/a>, 3(5)<\/a> of the Nyaya Sanhita, 2023<\/a> (‘BNS’) based on statement recorded by the complainant alleging that his cousin brother (‘husband’) was married to the petitioner and there arose matrimonial discord between them due to which quarrels used to take place and the husband used to remain tense and perplexed.<\/p>\n

On 21-6-2025, the wife and her sister had misbehaved with the husband by hurling abuses and assaulting him, due to which he left home and did not return. Thereafter, a missing report was lodged by the complainant. On 25-6-2025, his dead body was found in a canal near the village. The complainant alleged that the wife in connivance with the co-accused had abetted suicide committed by the husband.<\/p>\n

After registration of the FIR, investigation proceedings were initiated. The wife and her son were arrested, and they suffered disclosure statements admitting their involvement in the crime. Further, two more persons were nominated as accused.<\/p>\n

Analysis and Decision<\/h3>\n

The Court stated that in order to bring a case within the provisions of Section 108 BNS:<\/p>\n