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 attracted to the case at hand.” The mother of the deceased filed an FIR against one Amol Dabhade alleging that Amol's conduct, particularly his engagement to another girl despite his relationship with the deceased, compelled her to take her own life. Applying these principles to the facts of the present case, the court deemed mere opposition to a relationship insufficient to establish abetment under Section 306 IPC. However, based on a plain reading of Section 306 IPC and the undisputed facts, the court found that none of the elements of the alleged offenses were met.

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History of this topic

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 …

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 …

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. …

"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 …

Refusal to marry isn’t an abetment to suicide, heartbreaks are part of life: SC
3 months, 2 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, 2 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, 1 week 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 …

Rajasthan High Court Grants Bail To Husband Noting That His Extra-Marital Affair Would 'Per Se' Not Attract Abetment Of Wife's Suicide
6 months ago

Rajasthan High Court Grants Bail To Husband Noting That His Extra-Marital Affair Would 'Per Se' Not Attract Abetment Of Wife's Suicide

Live Law  

Extra-marital relationship, per se or as such, would not come within the ambit of abetment. To explicate, solely because the husband is involved in an extra-marital relationship and there is some suspicion in the mind of wife, that cannot be regarded as abetment for satisfying the ingredients of Section 306 IPC. After considering the facts of the case, a single …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 1 week ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
7 months, 3 weeks ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

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
11 months, 3 weeks 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 …

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 …

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, 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 …

Delhi HC Denies Divorce To Husband Saying Wife's Allegation Of Dowry Demand & Alcoholism Didn't Amount To 'Cruelty'
3 years, 4 months ago

Delhi HC Denies Divorce To Husband Saying Wife's Allegation Of Dowry Demand & Alcoholism Didn't Amount To 'Cruelty'

Live Law  

The Delhi High Court has recently observed that normal wear and tear in a marital relationship is to be expected, however, it cannot be a reason to end the relationship.Justice Vipin Sanghi and Justice Jasmeet Singh further observed that the allegations made by the wife against husband demanding dowry and indulging in alcohol consumption, do not tantamount to making serious …

'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 …

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 …

No Evidence To Establish Ingredients Of Abetment: MP HC Allows 23 Yrs Old Appeal Against Conviction For Abetment To Suicide [Read Judgment]
5 years, 2 months ago

No Evidence To Establish Ingredients Of Abetment: MP HC Allows 23 Yrs Old Appeal Against Conviction For Abetment To Suicide [Read Judgment]

Live Law  

The Madhya Pradesh High Court on Tuesday set aside the conviction of the Appellant-accused, 23 years after the Additional Sessions Judge had found him guilty of abetting the suicide of his wife, punishable under Section 306 IPC. Thus the court observed that even though for different reasons, the trial court had rightly acquitted the Appellant from the charge of cruelty, …

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, 7 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 …

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC
6 years, 2 months ago

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC

Live Law  

The Supreme Court reiterated that conviction under Section 306 of the Indian Penal Code is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide. The bench comprising Justice L. Nageswara Rao and Justice MR Shah …

Bombay HC Nullifies Marriage of 9-Year-Old Due to Non-Consummation
6 years, 10 months ago

Bombay HC Nullifies Marriage of 9-Year-Old Due to Non-Consummation

Live Law  

The Bombay High Court has allowed an appeal against a judgment of a District Court in Kolhapur and nullified a 9-year-old marriage between two parties on grounds of non-consummation. The court observed that the two parties claim that they never stayed together even for a day, but the court found that this was not sufficient evidence to support the claim …

Bombay HC Rules In Favour Of Wife, Nullifies 9yr Old Marriage Due To Non-Consummation, Husband To Appeal Before SC [Read Judgment]
6 years, 10 months ago

Bombay HC Rules In Favour Of Wife, Nullifies 9yr Old Marriage Due To Non-Consummation, Husband To Appeal Before SC [Read Judgment]

Live Law  

The Bombay High Court has allowed an appeal against a judgment of a District Court in Kolhapur and nullified a 9-year-old marriage between two parties on grounds of non-consummation.Justice Mridula Bhatkar held that the first appellate court at Kolhapur had erred in holding that the marriage was valid despite the fact that there was no consummation.Case backgroundThe appellant wife contended. …

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]
7 years, 6 months ago

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]

Live Law  

Partly allowing an appeal against conviction of an accused under Section 4 of the Protection of Children from Sexual Offences Act as well Section 376 of IPC, the Bombay High Court has said although the accused is held guilty under both counts, he can only be sentenced under one which has greater punishment.A bench of Justice AM Badar was hearing …

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]
7 years, 6 months ago

Bombay HC Partly Allows Appeal Against Order Of Conviction That Sentenced Accused Separately Under POCSO Act, Sec 376 [Read Judgment]

Live Law  

Partly allowing an appeal against conviction of an accused under Section 4 of the Protection of Children from Sexual Offences Act as well Section 376 of IPC, the Bombay High Court has said although the accused is held guilty under both counts, he can only be sentenced under one which has greater punishment.A bench of Justice AM Badar was hearing …

Dowry Death Case: Bombay HC Denies Anticipatory Bail To Two Advocates [Read Order]
7 years, 11 months ago

Dowry Death Case: Bombay HC Denies Anticipatory Bail To Two Advocates [Read Order]

Live Law  

The Bombay High Court has rejected the pre-arrest bail application filed under Section 438 of CrPC by two advocates from Sholapur allegedly involved in a Dowry Death Case.Justice Mridula Bhatkar was hearing the application filed by two advocates after an FIR was registered against them for offences punishable under Sections 304B, 498A, 306, 498A, 306, 323, 504 and 506 r/w …

Suicide doesn't always indicate prior harassment: Bombay HC
15 years, 2 months ago

Suicide doesn't always indicate prior harassment: Bombay HC

The Hindu  

A suicide is not necessarily a proof of harassment of the person by those around him/her, the Bombay High Court recently held, absolving a husband of the charge of subjecting wife to cruelty. Chavan of the Nagpur bench of the High Court also held that a mere marital discord does not amount to criminal harassment under section 498 A of …

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