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From Arvind Kejriwal’s bail to Atul Subhash case, cruelty to money laundering, maintenance to drugs, this legal round up will act as a quick summary of all the important criminal law cases of 2024.
Madras High Court highlighted that the truth of the dying Declaration cannot be tested by this court while exercising the jurisdiction under Section 482 CrPC
A quick legal roundup to cover important stories from all High Courts this week.
To attract the offence under Section 3061 of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.
To apply Section 3061 of the Penal Code, 1860, it is expected of prosecution to demonstrate that there is live link/active role played by appellant in instigating the suicide.
A quick legal roundup to cover important stories from all High Courts this week
The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.
“Abetment requires a mental process of instigating or aiding a person in committing an act. Without a positive act of instigation or aiding, a charge under Section 306 IPC cannot be sustained.”
To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.
The Court opined that this was a clear case where based on evidence collected by the Investigating Officer, respondent may, be held responsible for the deceased’s suicide, yet it cannot be said that the suicide committed by the deceased was abetted by the respondent.
The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.
The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.
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.
“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”
Supreme Court remarked that broken relationships and heart breaks are part of everyday life.
“For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.”
The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.
Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.
“If there was any unlawful activity performed by the petitioner to recover the loan amount, either the deceased or her husband could have taken shelter of any competent Court of law or made a complaint before the police authorities, which is missing in this case.”
In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide.