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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Dipak Misra, Amitava Roy , JJ

Penal Code (45 of 1860) , S.306— Abetment of suicide - S. 306 criminalises sustained incitement for suicide - Suicide committed by deceased and her two daughter - Apart from omnibus grievance against her in-laws to be responsible for their death in suicide note - There is no reference or disclosure of any specific incident in support thereof - No material showing any act of cruelty harassment or inducement so as to persistently provoke or compel deceased to commit suicide - Ingredient of offence under S. 306 not proved - Conviction of accused persons, set aside. The basic ingredients of provision of S. 306 are suicidal death and the abetment thereof. To constitute abetment, the intention and involvement of the accused to aid or instigate the commission of suicide is imperative. Any severance or absence of any of this constituents would militate against this indictment. Remoteness of the culpable acts or omissions rooted in the intention of the accused to actualize the suicide would fall short as well of the offence of abetment essential to attract the punitive mandate of Section 306 IPC. Contiguity, continuity, culpability and complicity of the indictable acts or omission are the concomitant indices of abetment. Section 306 IPC, thus criminalises the sustained incitement for suicide. In the present case, the suicide note reveals that apart from an omnibus gr....