'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 in committing suicide. 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 in committing suicide. Without positive act on the part of the accused to instigate or aid in committing suicide, no one can be convicted for offence under Section 306, IPC.

Supreme Court Court Suicide Criminal Criminal Proceedings Section 306 306 Accused Ipc Proceedings Act Person Material Deceased Section 482 Section 306 Ipc Hrishikesh Roy Positive Act No Positive Act  marriage  man  positive  suicide  306  act  material  supreme  accused  deceased  criminal  girl  proceedings  refusing  quashes  court  person

History of this topic

Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide
1 week, 5 days ago

Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide

Live Law  

The Punjab & Haryana High Court has granted anticipatory bail to a wife accused of abetting the suicide of her husband, observing that no serious fight in the recent past has been shown in the alleged suicide note. The Court noted that prima facie, as per the alleged suicide note, the husband was perturbed with the unwarranted desire of the …

Person with severe stress who is accused of attempting suicide cannot be tried, says HC
3 weeks, 6 days 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 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 …

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 1 week ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court
1 month, 3 weeks ago

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court

Live Law  

The Supreme Court, while overturning the appellant/ accused's conviction under Section 304-B of the IPC, noted that while the Court has repeatedly laid down this provision's ingredients, the Trial Courts were committing the same mistakes repeatedly. “Therefore, even for attracting Section 113-B, the prosecution must establish that the deceased was subjected by the appellant to cruelty or harassment for or …

Allowing Compromise In Abetment To Suicide Case Is Against Rule Of Law As Victim Is Deceased And Cannot Give Consent: Punjab & Haryana HC
1 month, 3 weeks 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 …

Disapproving marriage not abetment of suicide: Supreme Court
1 month, 3 weeks ago

Disapproving marriage not abetment of suicide: Supreme Court

Hindustan Times  

The Supreme Court has said that disapproving marriage does not amount to abetment of suicide under section 306 of the Indian Penal Code, PTI reported. A top court bench of Justices BV Nagarathna and Satish Chandra Sharma observed while rejecting a chargesheet against a woman who was accused of abetting the suicide of another woman who was allegedly in love …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
1 month, 3 weeks ago

Disapproving marriage does not amount to abetment of suicide: Supreme Court

The Hindu  

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code. The court said even if all evidence on record, including the charge sheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. Even if the appellant expressed …

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 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 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. …

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court
2 months ago

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

Live Law  

The Bombay High Court bench at Nagpur on Wednesday held that just because a woman committed suicide after her 'long standing relationship' was broken up by the man, he cannot be booked for abetting her suicide. Justice Urmila Joshi-Phalke discharged a man booked for abetting the suicide of a woman, with whom he was in a relationship for 9 years. …

Important to establish instigation in abetment to suicide cases: Supreme Court
3 months ago

Important to establish instigation in abetment to suicide cases: Supreme Court

India Today  

The Supreme Court on Friday said it was important to establish proof of direct or indirect acts of instigation by the accused to attract the abetment of suicide offence. "To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 1 week 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, 1 week 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, 1 week 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 sufficient to find accused guilty of abetting suicide: Supreme Court
3 months, 1 week ago

Mere harassment not sufficient to find accused guilty of abetting suicide: Supreme Court

The Hindu  

Mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement, the Supreme Court has said. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide,” the Bench said in its December 10 judgement. The Supreme Court said Section 306 …

Refusal to marry isn’t an abetment to suicide, heartbreaks are part of life: SC
3 months, 3 weeks 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 | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
3 months, 3 weeks ago

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court

Live Law  

The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide because his lover committed suicide upon his refusal to marry her. The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. “Even assuming, though …

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court
4 months, 2 weeks ago

Husband Committing Suicide Due To Wife's Illicit Relationship No Ground To Convict For Abetment Of Suicide: Karnataka High Court

Live Law  

The Karnataka High Court has said that a husband committing suicide allegedly due to his wife having an illicit relationship with another man cannot be a ground to convict the wife for charges of abetment to suicide. It said “The act of accused persons having illicit relationship does not amount to abetment to commit suicide. On going through the evidence …

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court
6 months, 3 weeks 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 …

Abused Partner With Criminal Intention, Said That Even If She Committed Suicide He Will Face Court: Karnataka HC Declines Relief To Man Booked U/S 306 IPC
7 months, 1 week ago

Abused Partner With Criminal Intention, Said That Even If She Committed Suicide He Will Face Court: Karnataka HC Declines Relief To Man Booked U/S 306 IPC

Live Law  

The Karnataka High Court has dismissed a petition filed by an accused who sought to quash the prosecution initiated against him after a woman with whom he was in a relationship, committed suicide by hanging herself after he refused to marry her. It said “Once a statement were given in respect of the love affairs, death note and CDR prior …

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court
8 months, 3 weeks ago

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that for a conviction on charges of abetment to suicide, the prosecution must establish not just continuous harassment but also a clear and proximate act by the accused that demonstrably pushed the victim to take their own life. In dismissing a criminal appeal challenging the acquittal of a man accused …

Woman can't be held accountable if lover dies by suicide due to ‘love failure’: Delhi High Court
11 months ago

Woman can't be held accountable if lover dies by suicide due to ‘love failure’: Delhi High Court

India TV News  

New Delhi: The Delhi High Court observed that if a “lover” dies by suicide due to “love failure”, then the woman cannot be held accountable for abetting the man’s suicide while granting pre-arrest bail to two persons in an abetment of suicide case. A single-judge bench of Justice Amit Mahajan, in its April 16 order, held, "If a lover commits …

S.306 IPC | Ordinary Quarrels In Marriage Can't Constitute Abetment Of Suicide In Absence Of Something More In Form Of 'Instigation': Kerala HC
1 year ago

S.306 IPC | Ordinary Quarrels In Marriage Can't Constitute Abetment Of Suicide In Absence Of Something More In Form Of 'Instigation': Kerala HC

Live Law  

The Kerala High Court has held that ordinary quarrels in marital life without any overt act or instigation that would stimulate or prod the deceased to commit suicide would not attract an offence of abetment to suicide under Section 306 of the IPC. Court Findings The court stated that the suicide notes left by the husband would only indicate that …

Boyfriend's Family Merely Opposing The Relationship On A Single Occasion Not Sufficient To Attract Offence Of Abetment Of Suicide: Bombay HC
1 year ago

Boyfriend's Family Merely Opposing The Relationship On A Single Occasion Not Sufficient To Attract Offence Of Abetment Of Suicide: Bombay HC

Live Law  

The Bombay High Court recently discharged a mother-daughter duo booked in an abetment to suicide case for allegedly opposing the relationship of the son with the deceased due to her caste. In my view, a plain reading of Section 306 of IPC and applying it to the undisputed facts of the present case indicates that none of the ingredients are …

S. 306 IPC | A Word Uttered In A Fit Of Anger Without Intending Consequences Can't Be Said To Be Instigation For Suicide: Supreme Court
1 year ago

S. 306 IPC | A Word Uttered In A Fit Of Anger Without Intending Consequences Can't Be Said To Be Instigation For Suicide: Supreme Court

Live Law  

The Supreme Court reiterated that to convict the accused for committing an offence of abetment to suicide under Section 306 IPC, it must be proved by the prosecution that the accused, by his act or omission or by his continued course of conduct, created a situation that the deceased is left with no other option except to commit suicide. Supreme …

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 …

Partner Can’t Be Booked for Abetment if Man or Woman Commit Suicide After Break-Up: Chhattisgarh HC
1 year, 3 months ago

Partner Can’t Be Booked for Abetment if Man or Woman Commit Suicide After Break-Up: Chhattisgarh HC

News 18  

If a man or a woman commits suicide due to heart break, his partner cannot be held responsible for the death, stressed the Chhattisgarh High Court, which recently quashed the order of framing ‘abetment to suicide’ charges against a girl and her brothers in a case of suicide of her former boyfriend. The bench of Justice Parth Prateem Sahu said …

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 …

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court
1 year, 7 months ago

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

Live Law  

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings. "An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the …

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty
1 year, 10 months ago

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty

Live Law  

The Calcutta High Court at Jalpaiguri circuit bench has discharged a widow in an FIR under Sections 498A, 494 and 506 of IPC accusing her of marrying the husband of the complainant, on the ground that materials on record including complaint prima facie revealed that the allegations were levelled against the against the principal accused i.e. The single judge bench …

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court
2 years, 1 month ago

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court

Live Law  

The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The Supreme Court observed that the conviction under Section 498-A IPC …

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 …

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court
2 years, 5 months ago

Victim Has No Right To Drop Case Of Non-Compoundable Offence Of Serious & Heinous Nature: Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday observed that a victim has no right in law to drop the case of a non-compoundable offence of serious and heinous nature which badly affects society. However, the Court further noted that the Apex Court has, in a catena od decisions, cautioned that the proceeding of serious and heinous offences which affect the society …

Section 306 IPC - Abetment Of Suicide A Heinous Offence ; Cannot Be Quashed On The Basis Of Compromise : Supreme Court
2 years, 7 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, 7 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. …

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 …

Woman Commits Suicide After 17 Yrs Of Marriage: Telangana High Court Says No Presumption Of Abetment Against Husband
2 years, 8 months ago

Woman Commits Suicide After 17 Yrs Of Marriage: Telangana High Court Says No Presumption Of Abetment Against Husband

Live Law  

The Telangana High Court recently refused to apply presumption of abetment against a man whose wife committed suicide after 17 years of marriage. Justice K. Surender observed: "When there are no specific allegations in the background of the 1st respondent/A1 taking care of the deceased in all respects as admitted by P.Ws.1 to 3, it cannot be said that only …

Supreme Court Compounds Attempt To Murder Offence Taking Note Of Marriage Between Accused & Victim's Sister
2 years, 9 months ago

Supreme Court Compounds Attempt To Murder Offence Taking Note Of Marriage Between Accused & Victim's Sister

Live Law  

The Supreme Court recently compounded a case involving the offence of attempt to murder under Section 307 of the Indian Penal Code taking note of the fact that the accused and the victim's sister got married subsequently.A bench comprising Justices BR Gavai and Hima Kohli invoked the powers under Article 142 of the Constitution to compound the offence.The accused was …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 10 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

"There Can Be No Compromise With Dead Man, FIR U/S 306 IPC Can't Be Quashed On Basis Of Compromise": Punjab & Haryana High Court
2 years, 11 months ago

"There Can Be No Compromise With Dead Man, FIR U/S 306 IPC Can't Be Quashed On Basis Of Compromise": Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of an FIR under Section 306 IPC on the basis of a compromise.The bench comprising Justice Gurvinder Singh Gill dismissed a petition filed by the petitioners under Section 482 of Cr.P.C. Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of …

Abetment Of Suicide | "Positive Act" Of Instigation Necessary For Conviction U/S 306 IPC: Gujarat High Court Reiterates
2 years, 11 months ago

Abetment Of Suicide | "Positive Act" Of Instigation Necessary For Conviction U/S 306 IPC: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court has reiterated that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction under Section 306 of the Indian Penal Code cannot be sustained. "The essential ingredients of the offence under Section 306 IPC are: the abetment; the intention of the accused to aid or instigate or abet …

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings
3 years, 1 month ago

Section 482 CrPC - 'There Has To Be Some Factual Supporting Material For FIR Allegations': Supreme Court Quashes Criminal Proceedings

Live Law  

At least there has to be some factual supporting material for what has been alleged in the FIR, the Supreme Court observed while quashing criminal proceedings against a woman.The case of the complainant as recording in the FIR was as follows: The accused entered into marriage with the complainant's brother on 11th December, 2016, and thereafter she started to harass …

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court
3 years, 6 months ago

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court

Live Law  

The Supreme Court observed that mere quarrel on the day of occurrence cannot attract the offence of abetment of suicide under section 306 of the Indian Penal Code.The bench of Justices MR Shah and Aniruddha Bose reiterated that mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the …

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 …

Charges For Both Murder And Abetment Of Suicide Cannot Coexist, Charge In The Alternative Can Be Framed Against An Accused: Kerala High Court
4 years ago

Charges For Both Murder And Abetment Of Suicide Cannot Coexist, Charge In The Alternative Can Be Framed Against An Accused: Kerala High Court

Live Law  

In an order rendered on Tuesday, the Kerala High Court emphasised that a person could not be charged for murder as well as abetment of suicide simultaneously. A Single Judge Bench of Justice R Narayana Pisharadi underscored that the offences of murder and suicide, punishable under Sections 302 and 306 respectively, were 'mutually exclusive' and could not coexist. While Section …

Refusal Of Marriage Proposal Cannot Be 'Grave And Sudden Provocation' For Murder : Karnataka High Court
4 years, 3 months ago

Refusal Of Marriage Proposal Cannot Be 'Grave And Sudden Provocation' For Murder : Karnataka High Court

Live Law  

The Karnataka High Court has rejected the defence of 'grave and sudden provocation' taken by a jilted lover who murdered a girl on her refusal to accept his marriage proposal. A division bench of Justices Sunil Dutt Yadav and Justice P Krishna Bhat said: "To permit the accused to take a defence of 'grave and sudden provocation' in the facts …

[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 …

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