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Taking strict note of casual resorting of S. 306 IPC, the Court said that conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life.
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.
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.”
The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.
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.
Bombay High Court: In a case filed by Lata (‘petitioner’) daughter of the deceased who committed suicide and left a
Andhra Pradesh High Court: Subba Reddy Satti J. granted anticipatory bail to the Chief Executing Officer (applicant-accused) as on perusal
Bombay High Court: Sexual violence knows no boundaries, it occurs in every country, across all parts of society, Bharati Dangre, J., while