establish-proof-to-attract-abetment-of-suicide-sc

The Supreme Court on Friday stated that it was important to establish proof of direct and indirect acts of instigation by the accused to attract the abetment of suicide.

 

A bench of Justices B R Gavai and K V Viswanathan said to sustain Section 306 of IPC, dealing with the abetment of suicide, it must necessarily be proved that the accused contributed to the suicide by some direct or indirect act.

 

"To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be near the commission of suicide by the deceased," it said.

 

The court's observation came when it discharged a man and his family members in a case of alleged abetment of suicide of his 25-year-old wife.

 

The apex court said the incitement must be near the commission of suicide by the deceased.

 

It said such instigation or incitement should reveal a clear mens rea to abet the commission of suicide and should put the victim in such a position that they are left with no other option but to die by suicide.

 

It said abetment involved a mental process of instigation or intentionally aiding another person to do a particular thing.

 

"Without such mens rea on the part of the accused person being apparent from the face of the record, a charge under the aforesaid section cannot be 

sustained," it said.

 

The top court delivered its verdict on an appeal filed by three persons -- the husband, his father and brother -- challenging the Bombay High Court's October 2022 judgement, dismissing their discharge plea against a trial court order refusing their discharge from the case.

 

Apart from Section 306, they were charged under Section 34 (common intention) of IPC.

 

The apex court said a young 25-year-old woman had lost her life in an unfortunate incident.

 

"However, in the absence of sufficient material to show that the appellants had intended by their words to push the deceased into such a position that she was left with no other option but to commit suicide, continuation of criminal proceedings against the appellants would result in an abuse of process of law and as such, we are inclined to allow the appeal," it said.