Mere Harassment alone, would not amount to Abetment to Commit Suicide; Bombay HC [Read Judgment]
Even assuming for the sake of argument that there was harassment by the Applicant and other officers, it cannot be said to be a positive act on their part that the deceased should commit suicide, the Bench said. Bombay High Court has heldheld that mere harassment alone, would not amount to abetting a person to commit suicide. In the suicide note, deceased has stated that the petitioner and two others made him suffer hardships.Perusing the FIR as well as suicide-note, the Court said that it does not contain anything to suggest that the Applicant or other officers had instigated the deceased to commit suicide or engaged in conspiracy to bring about his suicide. “Even assuming for the sake of argument that there was harassment by the Applicant and other officers, it cannot be said to be a positive act on their part that the deceased should commit suicide. It appears that the deceased being hypersensitive, was unable to face the ground realities and has committed unfortunate act of ending his life, the Court said.Holding that the allegations made in the FIR or alleged suicide-note even if taken at their face value do not constitute an offence under section 306 of IPC, the Court said that continuation of the prosecution against the petitioner would result in the abuse of the process of law.
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