SC quashes criminal proceedings against Girl who was booked for attempting Suicide [Read Order]
8 years, 7 months ago

SC quashes criminal proceedings against Girl who was booked for attempting Suicide [Read Order]

Live Law  

No purpose will be served in prosecuting the appellant, the Bench said.Although the Law Commission of India has suggested repeal of Section 309 of Indian Penal Code, which criminalizes attempt to commit Suicide, it is still remaining in the Statute Book. Although the Law Commission of India has suggested repeal of Section 309 of Indian Penal Code, which criminalizes attempt to commit Suicide, it is still remaining in the Statute Book. The Police lodged FIR and booked the Girl under Section 309 of the Indian Penal Code and the girl later moved the Punjab and Haryana High Court seeking quashing of the FIR against her. Live Law had reported about the Central Government move to scrap Section 309 of Indian Penal Code which criminalizes ‘attempt to commit Suicide”.

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History of this topic

Person with severe stress who is accused of attempting suicide cannot be tried, says HC
1 month, 1 week ago

Person with severe stress who is accused of attempting suicide cannot be tried, says HC

The Hindu  

A Division Bench of the Kerala High Court has held that an accused who attempts suicide after committing a crime cannot be tried or punished not only for the offence of attempting suicide but also for any other offences committed unless it is proved that the accused is not having severe stress. The court observed that “Section 115 of the …

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC
1 month, 1 week ago

Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC

Live Law  

The Calcutta High Court has held that a mere threat of implicating someone in a false criminal case, without any positive act that pushes the victim over the edge, would not be sufficient to attract the offence of abetment to suicide under Section 306 of the IPC.Justice Ajoy Kumar Mukherjee held: "There is no material against the petitioners of such …

Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC
2 months ago

Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that allowing quashing of FIR for offence of abetting suicide on the basis of compromise is against rule of law, observing that the victim being deceased couldn't give consent and the crime has large implication on society.Justice Sumeet Goel said, "A settlement between the accused and the complainant, who merely initiated the …

Asking Son's Lover To End Life If She Can't Live Without Him Not Abetment Of Suicide : Supreme Court Quashes Case Against Mother
2 months, 1 week ago

Asking Son's Lover To End Life If She Can't Live Without Him Not Abetment Of Suicide : Supreme Court Quashes Case Against Mother

Live Law  

The Supreme Court today quashed a criminal case for the offence of abetment to suicide against a woman for asking her son's lover to end her life if she could not live without him. The bench comprising Justice BV Nagarathna and Justice SC Sharma was hearing the case arising out of the Calcutta High Court's decision refusing to quash the …

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court
2 months, 2 weeks ago

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court

Live Law  

The Supreme Court on Friday reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. "Section 306 IPC appears to be casually and too readily resorted to by the police," the Court said.The Court stated that the provision reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 2 weeks ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
3 months, 2 weeks ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Trending News
3 months, 2 weeks ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Refusal to marry isn’t an abetment to suicide, heartbreaks are part of life: SC
4 months ago

Refusal to marry isn’t an abetment to suicide, heartbreaks are part of life: SC

Hindustan Times  

The Supreme Court on Friday ruled that refusal to marry, even if preceded by a relationship or promises of marriage, cannot be construed as abetment to suicide under the penal law of the land. The Supreme Court verdict came on a case in which a 21-year-old woman consumed poison after her boyfriend refused to marry her in 200 Emphasising the …

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court
7 months ago

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court

Live Law  

The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence. Instigation or otherwise of a husband for commission of suicide of the wife can only be deciphered in a full blown trial.” As per the prosecution case, the couple …

Heartbreaks Part Of Everyday Life; Breaking Up & Advising Partner To Marry Someone Else Won't Amount To Abetment To Suicide: Supreme Court
1 year, 1 month ago

Heartbreaks Part Of Everyday Life; Breaking Up & Advising Partner To Marry Someone Else Won't Amount To Abetment To Suicide: Supreme Court

Live Law  

The Supreme Court observed that merely advising a partner to marry as per the advice of parents would not attract the penal provisions of abetment to suicide under Section 306 of the Indian Penal.In this case, the girl died by suicide after her boyfriend advised her to marry as per her parent's choice. The Supreme Court observed that merely advising …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court
1 year, 7 months ago

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court

Live Law  

The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal Code.In this case, a chargesheet was lodged against the accused under Section 306 IPC. The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal …

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case
2 years, 2 months ago

'Loss of Human Life Cannot Be Forgotten': Punjab And Haryana HC Refuses to Quash FIR in Culpable Homicide Case

News 18  

While refusing to quash an FIR in a culpable homicide case on the basis of an amicable settlement between the parties, the Punjab and Haryana High Court recently observed that the loss of human life cannot be ignored or forgotten from the mind. Their counsel apprised the court that the parties had reached an amicable settlement vide the compromise deed …

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court
2 years, 5 months ago

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

Live Law  

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the …

Section 306 IPC - Abetment Of Suicide A Heinous Offence ; Cannot Be Quashed On The Basis Of Compromise : Supreme Court
2 years, 8 months ago

Section 306 IPC - Abetment Of Suicide A Heinous Offence ; Cannot Be Quashed On The Basis Of Compromise : Supreme Court

Live Law  

The Supreme Court observed that an FIR under Section 306 IPC cannot be quashed under Section 482 CrPC on the basis of settlement.The bench comprising Justices Indira Banerjee and V. Ramasubramanian observed that 'abetment of suicide' also falls in the category of heinous and serious offences and are to be treated as crime against society and not against the. The …

Abetment Of Suicide | Mere Allegation Of Pressure At Workplace Without Any Specific Act Will Not Attract S.306 IPC: Andhra Pradesh High Court
2 years, 8 months ago

Abetment Of Suicide | Mere Allegation Of Pressure At Workplace Without Any Specific Act Will Not Attract S.306 IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently granted pre-arrest bail to an accused under Section 306 of Indian Penal Code. Justice Subba Reddy Satti placed reliance on Supreme Court decision in Geo Varghese v. State of Rajasthan to reiterate that mere allegation of pressure or harassment without any positive act would not suffice to attract ingredients of Section 306 of IPC. …

Tamil Nadu schoolgirl suicide: SC to hear family's plea tomorrow
2 years, 8 months ago

Tamil Nadu schoolgirl suicide: SC to hear family's plea tomorrow

Firstpost  

The Supreme Court will on Wednesday hear a plea by family of deceased Kallakurichi girl seeking a medical expert of their choice in the team which will conduct the girl’s re-postmortem. New Delhi: The Supreme Court will on Wednesday hear a plea by family of deceased Kallakurichi girl seeking a medical expert of their choice in the team which will …

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts
2 years, 8 months ago

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts

Live Law  

The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by one …

TN girl suicide: Family seeks transfer of case; Madras HC reserves order
3 years, 2 months ago

TN girl suicide: Family seeks transfer of case; Madras HC reserves order

India Today  

The Madurai Bench of Madras High Court has reserved its order in the case of suicide of a class 12 student in Tamil Nadu's Thanjavur. A Class 12 student was allegedly forced to clean rooms in her hostel in Tamil Nadu's Thanjavur and forced to take up Christianity. A video later came to light in which the girl confessed that …

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage
3 years, 6 months ago

'No Positive Act': Supreme Court Quashes Criminal Case Against Girl Accused Of Abetting Suicide Of A Man By Refusing Marriage

Live Law  

The Supreme Court quashed criminal proceedings against a girl accused of abetting suicide of a man by allegedly refusing to marry him.The bench of Justices R. Subhash Reddy and Hrishikesh Roy reiterated that Section 306 of the Indian Penal Code will not be attracted if there was no positive act on the part of the accused to instigate or aid …

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court
3 years, 8 months ago

Accused Cannot Be Discharged U/s 306 IPC While Confirming Charge U/s 304B IPC: Supreme court

Live Law  

The Supreme Court observed that an accused cannot be discharged for an offence under Section 306 of the Indian Penal Code while confirming the charge under Section 304B IPC.In this case, within a period of about 15 months of marriage, a married woman committed suicide, leaving behind two suicide notes. The Supreme Court observed that an accused cannot be discharged …

Wife, Husband Die By Suicide Allegedly After Woman Subjected To Public Humiliation: Tripura High Court Orders SIT Probe
3 years, 9 months ago

Wife, Husband Die By Suicide Allegedly After Woman Subjected To Public Humiliation: Tripura High Court Orders SIT Probe

Live Law  

The Tripura High Court on Friday constituted a Special Investigation Team to probe into an incident where a young lady was allegedly subjected to public humiliation and assault, and on account of which, allegedly she died by suicide a couple of days later.The Bench of Chief Justice Akil Kureshi and Justice S. Talapatra had, on Thursday took suo moto cognizance …

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission
4 years, 6 months ago

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission

Live Law  

World Suicide Prevention Day was observed on 10th September to raise awareness against suicide. Section 115 of the Mental Healthcare Act enacted in the year 2017 provides that 'notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be …

No Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]
5 years, 4 months ago

No Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, merely because an accused is found guilty of an offence punishable under Section 498-A of the Indian Penal Code and the death of the wife has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 of the IPC by …

Section 306 IPC [Abetment Of Suicide] Not Attracted Merely Because The Deceased Was Called A 'Call Girl': SC [Read Judgment]
5 years, 5 months ago

Section 306 IPC [Abetment Of Suicide] Not Attracted Merely Because The Deceased Was Called A 'Call Girl': SC [Read Judgment]

Live Law  

The Supreme Court upheld a High Court order discharging accused who were accused of abetting suicide of a girl. The High Court allowed the petition filed by the accused recording a finding that terming the deceased as a call-girl, there was no utterance which can be interpreted to be an act of instigating, goading or solicitation or insinuation, the deceased …

Offence Of Abetment To Suicide (Sec 306 IPC) May Attract When Accused Played Active Role In Tarnishing Self Respect Of Deceased Victim: SC [Read Judgment]
5 years, 8 months ago

Offence Of Abetment To Suicide (Sec 306 IPC) May Attract When Accused Played Active Role In Tarnishing Self Respect Of Deceased Victim: SC [Read Judgment]

Live Law  

The Supreme Court has observed that if the accused is found to have played in an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, he can be held guilty of abetment of suicide.The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari observed thus while affirming the conviction …

Sec 498A & 306 IPC: Incidents Which Happened Much Before Wife's Death Can't Be Treated As Conduct Which Drove Her To Suicide: SC [Read Judgment]
5 years, 11 months ago

Sec 498A & 306 IPC: Incidents Which Happened Much Before Wife's Death Can't Be Treated As Conduct Which Drove Her To Suicide: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the incidents which had taken place between husband and wife much before latter's death by suicide could not be treated as the conduct which drove her to commit suicide. The bench comprising Justice NV Ramana and Justice S. Abdul Nazeer observed that the incidents narrated by the relatives had taken place much before the …

SC Permits Wife & Daughters Of Deceased De Facto Complainant To Compound Criminal Case [Read Order]
6 years, 2 months ago

SC Permits Wife & Daughters Of Deceased De Facto Complainant To Compound Criminal Case [Read Order]

Live Law  

The Supreme Court has permitted the wife and daughters of a de-facto complainant to compound a criminal case by entering into compromise with the accused.In this case, the high court had modified the conviction of the accused from Section 307 IPC to Section 325 IPC, thus reducing the sentence of imprisonment from five years to two years. The Supreme Court …

Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]
6 years, 4 months ago

Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]

Live Law  

“At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.”The Supreme Court has observed that before an investigation is complete, a high court, in a petition …

Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]
6 years, 4 months ago

Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]

Live Law  

“At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.”The Supreme Court has observed that before an investigation is complete, a high court, in a petition …

SC Upholds Conviction Of Woman For Abetting Suicide Of Young Girl By Calling Her ‘Prostitute’ [Read Order]
6 years, 7 months ago

SC Upholds Conviction Of Woman For Abetting Suicide Of Young Girl By Calling Her ‘Prostitute’ [Read Order]

Live Law  

‘The deceased was aged 26 years and being a young unmarried girl could have been upset over such verbal abuse heaped on her which led her to take a decision of committing suicide by setting herself ablaze.”Words are to be more carefully used, lest it becomes a sword, which can destroy life of people around us. ‘The deceased was aged …

Mere Intention or Preparation To Commit Suicide Not An Offence Under Sec. 309 IPC: Karnataka HC [Read Order]
6 years, 8 months ago

Mere Intention or Preparation To Commit Suicide Not An Offence Under Sec. 309 IPC: Karnataka HC [Read Order]

Live Law  

‘It is clear that the act done must be in the course of attempt, otherwise, no offence is committed.’The Karnataka High Court in Kaviraj S v. State of Karnataka has held that a person cannot be prosecuted merely for intention or preparation to commit suicide when there was actually no attempt to commit suicide.In the instant case, allegation was that …

Cannot Quash Rape Charges Just Because The Accused Married The Complainant: Delhi HC [Read Judgment]
7 years, 7 months ago

Cannot Quash Rape Charges Just Because The Accused Married The Complainant: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court on Tuesday relied on the Supreme Court decision in the case of Gian Singh v. State of Punjab, 10 SCC 303, and refused to quash rape charges against an accused who had gone on to marry the complainant.“In view of settled legal position enumerated in Gian Singh’s case,, the criminal proceedings emanating from an FIR registered …

Bombay HC Quashes FIR Against Depressed Woman For Attempting To Murder Her Newborn [Read Judgment]
7 years, 11 months ago

Bombay HC Quashes FIR Against Depressed Woman For Attempting To Murder Her Newborn [Read Judgment]

Live Law  

The Aurangabad bench of the Bombay High Court has quashed an FIR registered against Savita, a 25-year-old woman from Osmanabad who attempted to murder her 3-month-old son in 2015, as she was suffering from postpartum depression.A division bench of Justice SS Shinde and Justice KK Sonwane was hearing an application filed by Savita under Section 482 of the IPC.According to …

Decriminalizing Attempt to Commit Suicide (Sec 309 IPC) under consideration of Home Ministry; Minister
9 years ago

Decriminalizing Attempt to Commit Suicide (Sec 309 IPC) under consideration of Home Ministry; Minister

Live Law  

The Law Commission of India, in its 210th Report: “Humanization and Decriminalization of Attempt to Suicide” had recommended that Section 309 of IPC needs to be effaced from the statute book. ‘Public Health’ and ‘Public Order’ are State subjects. However, the Government of India attaches high importance in the matter and has approved implementation of the District Mental Health Programme …

Attempt to Commit Suicide will no longer be an offence in India as Government moves to scrap S.309 of Indian Penal Code
10 years, 3 months ago

Attempt to Commit Suicide will no longer be an offence in India as Government moves to scrap S.309 of Indian Penal Code

Live Law  

The Union Government finally decided to scrap Section 309 of Indian Penal Code which criminalizes ‘attempt to commit Suicide”. The person who attempts to commit suicide is guilty of the offence under Section 309 Indian Penal Code whereas the person who committed suicide cannot be reached at all. The Commission is of the view that while assisting or encouraging another …

SC comes heavily on High Court and Trial Court's reasoning for convicting the accused U/S 306 and 498A IPC
11 years ago

SC comes heavily on High Court and Trial Court's reasoning for convicting the accused U/S 306 and 498A IPC

Live Law  

A Supreme Court Bench consisting of Justice Radhakrishnan and Vikramjit Singh comes heavily on High Court and trial Court's reason for convicting an accused for the offences U/S 306 and 498A IPC.Facts of the Case;The Accused Mangat Ram, a member of SC community, married the deceased Seema, a member of the Aggarwal community on 13.7.1993 at Ambala. A Supreme Court …

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