[LIVE NOW] Demo Lecture For Judiciary Aspirants By LiveLaw Academy On 'Abetment Of Suicide And Attempt To Commit Suicide' By Vishalakshi Sathinathan
3 months ago

[LIVE NOW] Demo Lecture For Judiciary Aspirants By LiveLaw Academy On 'Abetment Of Suicide And Attempt To Commit Suicide' By Vishalakshi Sathinathan

Live Law  

Abetment of suicide Section 306 of the Indian Penal Code provides that whoever abets the commission of suicide of another person, he/she shall be punished with imprisonment of either description for a term not exceeding ten years and shall also be liable to fine Section 108 of the Bharatiya Nyaya Sanhita provides that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Attempt To Commit Suicide Section 309 of the Indian Penal Code provides that whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both. Section 226 of the Bharatiya Nyaya Sanhita provides that whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both or with community service. Faculty and Mentor: Vishalakshi Sathinathan

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History of this topic

Person with severe stress who is accused of attempting suicide cannot be tried, says HC
1 month 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 …

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 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 …

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court
2 months, 1 week 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. …

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 …

Break-ups not abetment of suicide by default, says SC
3 months, 3 weeks ago

Break-ups not abetment of suicide by default, says SC

New Indian Express  

NEW DELHI: Emotionally distressing broken relationships do not automatically amount to abetment of suicide unless there is clear intention linked to the criminal offence, the Supreme Court has observed. “This is a case of a broken relationship, not criminal conduct,” a two-judge bench of the apex court, led by Justice Pankaj Mithal, and also comprising Justice Ujjal Bhuyan, said, in …

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 …

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 …

First conviction under Bharatiya Nyaya Sanhita in Bihar as two get life sentence
6 months, 2 weeks ago

First conviction under Bharatiya Nyaya Sanhita in Bihar as two get life sentence

Hindustan Times  

In a first, two persons were sentenced to life imprisonment in Bihar under the new criminal law Bharatiya Nyaya Sanhita. “To my knowledge this is the first instance of the accused of triple murder case has been given life sentence under the new BNS act in the country,” said public prosecutor of Chhapra Court, Surendra Nath Singh. The Chhapra court …

Yes Milord, the process is often punishment
1 year ago

Yes Milord, the process is often punishment

Hindustan Times  

The two-judge bench SC order clearing a person charged with abetting the suicide of his wife 30 years ago is noteworthy for two reasons. One, it has stressed an important principle that should guide law officers while invoking stringent provisions, in this specific case, Section 306 of the IPC. Two, the comment the Court made on the judicial process that …

New Penal Code Bill Widens Scope Of "Terrorist Act", Includes Acts Threatening Economic Security Of India
1 year, 3 months ago

New Penal Code Bill Widens Scope Of "Terrorist Act", Includes Acts Threatening Economic Security Of India

Live Law  

The new version of the new penal code bill - Bharatiya Nyaya Sanhita 2023 - introduced by the Union Government in the Lok Sabha on Tuesday has a wider definition of the offence of "terrorist act" compared to the initial version of the bill introduced in August.Acts done with the intent of threatening or likely to threaten the "economic security …

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 …

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 …

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. …

Scolding Employee To Maintain Office Discipline Does Not Amount To Abetment Of Suicide U/S 306 IPC: Gujarat High Court
2 years, 8 months ago

Scolding Employee To Maintain Office Discipline Does Not Amount To Abetment Of Suicide U/S 306 IPC: Gujarat High Court

Live Law  

The Gujarat High Court has observed that an employer scolding its employee to maintain discipline in the office would not amount to the former abetting the suicide of latter and it would not constitute an offence within the fold of Section 306 of IPC. Justice Nirzar Desai further held that if bona fide action of maintaining discipline in the office …

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 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
3 years, 1 month ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction …

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 …

Mere Refusal To Repay Loan Not An Act Of Abetment To Commit Suicide: Jammu & Kashmir High Court
3 years, 6 months ago

Mere Refusal To Repay Loan Not An Act Of Abetment To Commit Suicide: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has held that although different persons may react to a particular situation differently, mere refusal to repay a loan cannot in any way be considered to be an act of abetment to drive someone to commit suicide.In this regard, Justice Rajnesh Oswal added,"In order to constitute an offence of abetment, the act …

Issuance Of Legal Notice And Filing Of A Complaint Case Not Abetment Of Suicide Under Indian Penal Code: Delhi High Court
3 years, 7 months ago

Issuance Of Legal Notice And Filing Of A Complaint Case Not Abetment Of Suicide Under Indian Penal Code: Delhi High Court

Live Law  

The Delhi High Court on Monday held that issuance of a legal notice and filing of a complaint case against a person is not abetment of suicide within the meaning of sec. 306 of Indian Penal Code.Observing that filing of a criminal complaint is a legal recourse as advised to a person, Justice Manoj Kumar Ohri said:"It cannot be said …

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 Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]
5 years, 3 months ago

No Automatic Conviction U/s 306 IPC For Abetment Of Suicide Merely Because Accused Was Found Guilty U/s 498A IPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, merely because an accused is found guilty of an offence punishable under Section 498-A of the Indian Penal Code and the death of the wife has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 of the IPC by …

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 …

Sec 498A & 306 IPC: Incidents Which Happened Much Before Wife's Death Can't Be Treated As Conduct Which Drove Her To Suicide: SC [Read Judgment]
5 years, 10 months ago

Sec 498A & 306 IPC: Incidents Which Happened Much Before Wife's Death Can't Be Treated As Conduct Which Drove Her To Suicide: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the incidents which had taken place between husband and wife much before latter's death by suicide could not be treated as the conduct which drove her to commit suicide. The bench comprising Justice NV Ramana and Justice S. Abdul Nazeer observed that the incidents narrated by the relatives had taken place much before the …

Mere Intention or Preparation To Commit Suicide Not An Offence Under Sec. 309 IPC: Karnataka HC [Read Order]
6 years, 8 months ago

Mere Intention or Preparation To Commit Suicide Not An Offence Under Sec. 309 IPC: Karnataka HC [Read Order]

Live Law  

‘It is clear that the act done must be in the course of attempt, otherwise, no offence is committed.’The Karnataka High Court in Kaviraj S v. State of Karnataka has held that a person cannot be prosecuted merely for intention or preparation to commit suicide when there was actually no attempt to commit suicide.In the instant case, allegation was that …

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]
6 years, 11 months ago

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]

Live Law  

HC modifies life term of murder convict sentenced to 25 yrs in jail without remission.Modifying to life term the punishment awarded to a murder convict sentenced by the trial court to undergo 25 years in custody without being considered for remission, the Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a …

Merely because a Person has been named in the Suicide note, it cannot be said that he abetted the Suicide: Madras HC [Read Judgment]
8 years, 8 months ago

Merely because a Person has been named in the Suicide note, it cannot be said that he abetted the Suicide: Madras HC [Read Judgment]

Live Law  

Merely because a person has been so named in the suicide note we are not to immediately jump to the conclusion that he is an offender under section 306 I.P.C, the Court said.Merely because someone who committed suicide, had written in his/her suicide note that a person is responsible for her death, can that person be convicted under Section 306 …

Decriminalizing Attempt to Commit Suicide (Sec 309 IPC) under consideration of Home Ministry; Minister
9 years ago

Decriminalizing Attempt to Commit Suicide (Sec 309 IPC) under consideration of Home Ministry; Minister

Live Law  

The Law Commission of India, in its 210th Report: “Humanization and Decriminalization of Attempt to Suicide” had recommended that Section 309 of IPC needs to be effaced from the statute book. ‘Public Health’ and ‘Public Order’ are State subjects. However, the Government of India attaches high importance in the matter and has approved implementation of the District Mental Health Programme …

Mere Harassment alone, would not amount to Abetment to Commit Suicide; Bombay HC [Read Judgment]
9 years, 2 months ago

Mere Harassment alone, would not amount to Abetment to Commit Suicide; Bombay HC [Read Judgment]

Live Law  

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 …

No death sentence but 30 years imprisonment in Nitish Katara murder case
10 years, 1 month ago

No death sentence but 30 years imprisonment in Nitish Katara murder case

Live Law  

Refusing to award death sentence to Vikas and Vishal Yadav in the much hyped Nitish Katara murder case, a Division Bench of Delhi High Court has via a detailed 594 page judgment turned the life imprisonment to 25 years of actual imprisonment without consideration of remission and a fine of Rs. 50 Lakh each u/s 302 along with rigorous imprisonment …

No death sentence but 30 years imprisonment in Nitish Katara murder case
10 years, 1 month ago

No death sentence but 30 years imprisonment in Nitish Katara murder case

Live Law  

Refusing to award death sentence to Vikas and Vishal Yadav in the much hyped Nitish Katara murder case, a Division Bench of Delhi High Court has via a detailed 594 page judgment turned the life imprisonment to 25 years of actual imprisonment without consideration of remission and a fine of Rs. 50 Lakh each u/s 302 along with rigorous imprisonment …

Attempt to Commit Suicide will no longer be an offence in India as Government moves to scrap S.309 of Indian Penal Code
10 years, 3 months ago

Attempt to Commit Suicide will no longer be an offence in India as Government moves to scrap S.309 of Indian Penal Code

Live Law  

The Union Government finally decided to scrap Section 309 of Indian Penal Code which criminalizes ‘attempt to commit Suicide”. The person who attempts to commit suicide is guilty of the offence under Section 309 Indian Penal Code whereas the person who committed suicide cannot be reached at all. The Commission is of the view that while assisting or encouraging another …

FIR filed against Kunal Ghosh for allegedly trying to commit suicide
10 years, 4 months ago

FIR filed against Kunal Ghosh for allegedly trying to commit suicide

Firstpost  

Presidency Jail authorities filed an FIR in a city police station against Saradha scam accused Kunal Ghosh for allegedly attempting to commit suicide. Kolkata: Presidency Jail authorities on Friday filed an FIR in a city police station against Saradha scam accused Kunal Ghosh for allegedly attempting to commit suicide. The FIR has been filed at Hastings Police Station against Ghosh …

Man gets six years RI for abetting wife's suicide
12 years ago

Man gets six years RI for abetting wife's suicide

India TV News  

Moga : A local court has sentenced six years of rigorous imprisonment to a man for abetting his wife to commit suicide two years ago in Charik village here. The court of District and Sessions Judge Kararmjeet Singh Kang on Friday convicted Gurmeet Singh on charge of abetting his wife to commit suicide, the prosecution said today.A fine of Rs …

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