Mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement, the Supreme Court has said. The observations came from a bench of justices Vikram Nath and P B Varale which delivered its verdict on an appeal challenging a Gujarat High Court order which refused to discharge a woman’s husband and her two in-laws for allegedly harassing her and driving her to suicide.
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New Delhi: Mere harassment alone is insufficient to hold an individual guilty of abetment to suicide; instead, there must be compelling evidence of direct or indirect incitement, the Supreme Court of India has ruled.
The judgment came from a bench comprising Justices Vikram Nath and P. B. Varale, who delivered their verdict on an appeal challenging a Gujarat High Court order. The High Court had refused to discharge a woman’s husband and her in-laws from allegations of harassment that allegedly drove her to suicide.
The case, registered in 2021, involved accusations under sections 498-A (cruelty to a married woman) and 306 (abetment of suicide) of the Indian Penal Code (IPC). Section 306 carries a penalty of up to ten years of imprisonment and a fine.
“For a conviction under section 306 of the IPC, it is a well-established legal principle that the presence of clear mens rea—the intention to abet the act—is essential. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide,”
-the bench observed in its December 10 judgment.
The court emphasized that the prosecution must prove that the accused performed an active or direct act that led to the victim’s suicide. It further clarified that the element of mens rea—a deliberate intention to abet—cannot simply be inferred or presumed.
“Without this, the foundational requirement for establishing abetment under the law is not satisfied, underscoring the necessity of a deliberate and conspicuous intent to provoke or contribute to the act of suicide,”
-the court stated.
Charges Under Section 306 Dismissed
The bench discharged the accused under section 306 but upheld the charges under section 498-A of the IPC. The First Information Report (FIR), filed by the woman’s father, alleged physical and mental harassment by her husband and in-laws during their marriage, which began in 2009.
The woman reportedly faced harassment due to the couple’s inability to have children in the first five years of marriage. In April 2021, her father received news of her suicide by hanging. Although the High Court had upheld the framing of charges under sections 306 and 498-A, the Supreme Court ruled otherwise regarding the abetment of suicide.
“Section 306 of the IPC penalizes those who abet the act of suicide by another. For a person to be charged under this section, the prosecution must establish that the accused contributed to the act of suicide by the deceased,”
-the bench noted.
Evidence Must Demonstrate Clear Intent
The court highlighted the necessity of demonstrating clear intent in abetment cases.
“To bring a conviction under section 306 of the IPC, it was necessary to establish a clear mens rea to instigate or push the deceased to commit suicide. Thus, in cases of death of a wife, the court must meticulously examine the facts and circumstances of the case, as well as assess the evidence presented. It is necessary to determine whether the cruelty or harassment inflicted on the victim left them with no other option but to end their life,”
-the judgment explained.
The bench underscored the requirement for direct or indirect acts of incitement that directly led to the victim’s decision to take their own life.
“Mere allegations of harassment are insufficient to establish guilt. For a conviction, there must be evidence of a positive act by the accused, closely linked to the time of the incident, that compelled or drove the victim to commit suicide,”
-it elaborated.
Twelve Years of Marriage Examined
The court noted that the woman had taken her own life after 12 years of marriage.
“The appellants’ argument that the deceased had not made a single complaint for cruelty or harassment against the appellants in the twelve years of marriage cannot be sustained. Merely because she did not file any complaint for twelve years does not guarantee that there was no instance of cruelty or harassment,”
-it observed.
Partial Relief Granted
While partially allowing the appeal, the bench discharged the accused under section 306 of the IPC.
However, it upheld the charges under section 498-A, allowing the trial under this provision to proceed.
This judgment serves as a crucial interpretation of the law concerning abetment of suicide, reiterating the necessity for clear evidence of intent and incitement to establish guilt.
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