Abetment Of Suicide | Mere Allegation Of Pressure At Workplace Without Any Specific Act Will Not Attract S.306 IPC: Andhra Pradesh High Court
Live LawThe 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. Finding of the Court Justice Subba Reddy Satti placed reliance on Geo Varghese in which the Hon'ble Apex Court held that mere allegation of harassment will not attract offence under Sections 306 of IPC unless such actions compelled the victim to commit suicide. "What is required to constitute an alleged abetment of suicide under Section 306 IPC is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not be sufficient in itself, unless, there are allegations of such actions on the part of the accused which compelled the commission of suicide." In another case M. Mohan v. State of Tamilnadu, it was held by Supreme Court that Section 306 involves a positive act in instigating the deceased to commit suicide.