Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide [Read Judgment]

The Supreme Court has observed that the ingredient of mens rea for abetment of suicide cannot be assumed to be ostensibly present but has to be visible and conspicuous.The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy set aside the conviction of a husband who was accused of driving wife to suicide.Gurcharan Singh was convicted for abetting suicide of. The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy set aside the conviction of a husband who was accused of driving wife to suicide. Though the Trial Court noted that there was insufficient material to convict them under section 304B & 498A IPC, it opined that even if no charge of abetment was framed against the husband, he can be convicted for abetting suicide of his wife, under section 306 IPC. The Trial Court also observed that expectation of a married woman will be love and affection and financial security at the hands of her husband and if her hopes are frustrated by the act or by wilful negligence of the husband, it would constitute abetment within the meaning of section 107 IPC, warranting conviction under section 306 IPC.