Section 306 IPC Archives

SC discusses essential ingredients of S. 306 IPC while discharging husband & his family from charges of abetting wife’s suicide

“It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under Section 306 IPC cannot be sustained.”

Case Briefs High Courts

‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer

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.

Case Briefs Supreme Court

Refusal to marry in a relationship does not amount to criminal liability for abetment of suicide: Supreme Court

“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.

Case Briefs High Courts

‘Making wife sleep on carpet not cruelty’; Bombay HC sets aside conviction u/s 306 IPC against husband and in-laws

To apply Section 306 ¹ 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.

Case Briefs High Courts

Mere occasional harassment or misbehavior does not amount to abetment to suicide: MP High Court

“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.”

Case Briefs High Courts

Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court

MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.

Case Briefs High Courts

Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC

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.

Case Briefs High Courts

Trivial domestic disputes do not necessarily constitute ‘Abetment to Suicide’: Madhya Pradesh High Court

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.

Case Briefs High Courts

Whether merely asking someone to retract statement by filing another affidavit would amount to instigating suicide? Gujarat HC answers

The accused allegedly goaded the deceased to make an affidavit denying his signature in a particular document and suicide was committed under the threat to retract the statement.

Case Briefs High Courts

Abetment of suicide by wife and mother-in-law of deceased? P&H HC finds out

Punjab and Haryana High Court: Vikas Bahl, J., granted bail to mother-in-law and wife alleged to have incited husband to commit suicide.

Case Briefs High Courts

Insisting to repair a car borrowed by a friend who met with an accident: Can this be intentionally aiding and abetting to suicide? Madras HC decides

Madras High Court: V Bharathidasan, J., held that, Mere harassment without any mens rea which lead to the suicide would not amount

Case Briefs Supreme Court

Karnataka High Court calls person committing suicide a ‘weakling’! Don’t diminish the gravity of mental health issues, says SC

“How an individual copes up with a threat- both physical and emotional, expressing (or refraining to express) love, loss, sorrow and happiness, varies greatly in view of the multi-faceted nature of the human mind and emotions.”

Case Briefs Supreme Court

Stalker consumes poison in front of a girl’s house. Can she be tried for abetment of suicide? SC answers

‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing.

Case Briefs Supreme Court

Husband and Wife consumed pesticide after a quarrel, wife died but husband survived. Will allegation of abetment of suicide on husband survive? SC explains

Supreme Court: The Division Bench of M.R. Shah and Aniruddha Bose, JJ., while addressing a matter noted that, Abetment by a person

Case Briefs High Courts

Ori HC | “Suicidal ideation and behaviors in human beings are complex and multifaceted”; What is the scope of bail in cases involving S. 306 IPC? HC examines

Orissa High Court: S. K Panigrahi, J., allowed the bail application and remarked “There is no answer as to why suicides occur

Case Briefs Supreme Court

Judges need to be extra careful while conducting criminal trials relating to dowry deaths: Supreme Court [Read guidelines]

Supreme Court: In a case relating to dowry death, the bench of NV Ramana*, CJ and Aniruddha Bose, J has said that

Case Briefs Supreme Court

After one year of marriage, woman burnt to death over dowry. Supreme Court finds accused guilty; explains the true import of “soon before” under Section 304-B IPC

“When the legislature used the words, “soon before” they did not mean “immediately before”. Rather, they left its determination in the hands of the courts.”