No Straitjacket Formula For Conviction In Suicide Abetment Case:SC
15 years, 2 months ago

No Straitjacket Formula For Conviction In Suicide Abetment Case:SC

India TV News  

Even as Haryana Government turned on the heat on former top cop S P S Rathore who molested Ruchika Girhotra charging him with abetment to suicide, the Supreme Court on Tuesday said it is "impossible to lay down any straitjacket formula" to convict an accused in such cases. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained," the apex court said in a judgement. Citing its earlier rulings, the apex court said the intention of the legislature to introduce the provision of Section 306 IPC to suicide was clear that a person can be convicted if he/she had the guilty intention. In the present case, the apex court said Reddy cannot be held guilty of abetting the suicide as the deceased Ramulu appeared to be hypersensitive.

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History of this topic

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established
1 week, 5 days ago

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established

Live Law  

While granting bail to the husband-accused in wife's suicide case, the Rajasthan High Court ruled that even though as per the prosecution the husband used to beat the wife, and misbehaved with her, there was no direct evidence to show that he did any act to instigate or aid his wife's suicide. Without there being a positive act on the …

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 …

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, 1 week 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 …

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 …

DC Edit | Suicide abetment: Caution by SC
2 months ago

DC Edit | Suicide abetment: Caution by SC

Deccan Chronicle  

The Supreme Court’s direction to investigating agencies not to subject people to “the abuse of the process of a totally untenable prosecution” and to the trial courts to “exercise great caution and circumspection” and “not adopt a 'play it safe' policy by mechanically framing charges” in the case of alleged abetment to suicide has come as an important course correction …

Courts must not use ‘abetment of suicide’ charge just to assuage distraught family of deceased: SC
2 months, 1 week ago

Courts must not use ‘abetment of suicide’ charge just to assuage distraught family of deceased: SC

The Hindu  

The Supreme Court on Friday held that the police must not deploy the criminal provision of ‘abetment of suicide’ casually or to assuage the immediate feelings of the distraught family members of the deceased. Viswanathan and A.S. Oka said Section 306 of the erstwhile Indian Penal Code or corresponding Section 108 read with Section 45 of the Bharatiya Nyaya Sanhita, …

'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. …

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 …

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 …

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 …

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 …

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. …

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 …

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 …

Breaking- Arnab Goswami Moves Bombay High Court Seeking Direction To Trial Court To Not Take Cognizance Of Chargesheet In Anvay Naik Suicide Case
4 years, 3 months ago

Breaking- Arnab Goswami Moves Bombay High Court Seeking Direction To Trial Court To Not Take Cognizance Of Chargesheet In Anvay Naik Suicide Case

Live Law  

Republic TV Chief Arnab Gowswami has moved the Bombay High Court seeking a direction to the Court of Chief Judicial Magistrate, Raigad-Alibaigh, not to take cognizance of the final report filed by the Raigad Police on Friday, in a 2018 Anvay Naik abetment of suicide case. #ArnabGowswami Moves #BombayHC High Court Seeking a direction to Raigad-Alibaigh Chief Judicial Magistrate Court …

Sushant Singh Rajput death: Know what is abetment to suicide, the charge against Rhea Chakraborty
4 years, 7 months ago

Sushant Singh Rajput death: Know what is abetment to suicide, the charge against Rhea Chakraborty

India TV News  

Late actor Sushant Singh Rajput's father KK Singh lodged an FIR against Rhea Chakraborty and five others, alleging them of abetting the suicide of his son besides other serious charges on Tuesday. According to section 306 of the Indian Penal Code, a person is adjudged guilty of abetment of suicide when he or she pushes somebody to the verge of …

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, 8 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 …

Creating Circumstances That Drive A Person To Commit Suicide May Be Abetment: Chhattisgarh HC
7 years, 8 months ago

Creating Circumstances That Drive A Person To Commit Suicide May Be Abetment: Chhattisgarh HC

Live Law  

While refusing to quash a case against a man accused of abetting suicide of his wife, the Chhattisgarh High Court has observed that if the accused had created circumstances that led to a situation which made a person feel totally frustrated and, thereafter, commit suicide; it may amount to abetment punishable under Section 306 of the Indian Penal Code.In the …

Necessary To Prove Suicide Committed As A Result Of Cruelty Under 498A, In Order To Invoke Abetment Of Suicide: Bombay HC [Read Judgment]
7 years, 10 months ago

Necessary To Prove Suicide Committed As A Result Of Cruelty Under 498A, In Order To Invoke Abetment Of Suicide: Bombay HC [Read Judgment]

Live Law  

Bombay High Court has dismissed an appeal filed by the State of Maharashtra against a trial court order acquitting the accused in an abetment of suicide case.Justice PN Deshmukh upheld the order by the Additional Sessions Judge of the trial court in a judgement dated May 11, 2017.Case BackgroundAn FIR was filed against a couple for abetting the suicide of …

Necessary To Prove Suicide Committed As A Result Of Cruelty Under 498A, In Order To Invoke Abetment Of Suicide: Bombay HC [Read Judgment]
7 years, 10 months ago

Necessary To Prove Suicide Committed As A Result Of Cruelty Under 498A, In Order To Invoke Abetment Of Suicide: Bombay HC [Read Judgment]

Live Law  

Bombay High Court has dismissed an appeal filed by the State of Maharashtra against a trial court order acquitting the accused in an abetment of suicide case.Justice PN Deshmukh upheld the order by the Additional Sessions Judge of the trial court in a judgement dated May 11, 2017.Case BackgroundAn FIR was filed against a couple for abetting the suicide of …

Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]
7 years, 10 months ago

Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]

Live Law  

The Supreme Court, in Heera Lal vs State of Rajasthan, has held that in a case of suicide of wife, acquittal of the relatives or husband under Section 498A IPC will bar prosecution to use presumption available under Section 113A of the Evidence Act prove abetment to suicide under Section 306IPC.A bench comprising Justice RF Nariman and Justice Mohan M …

Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]
7 years, 10 months ago

Acquittal For 498A Will Bar Prosecution To Use 113A Presumption To Prove Abetment To Suicide (306IPC): SC [Read Judgment]

Live Law  

The Supreme Court, in Heera Lal vs State of Rajasthan, has held that in a case of suicide of wife, acquittal of the relatives or husband under Section 498A IPC will bar prosecution to use presumption available under Section 113A of the Evidence Act prove abetment to suicide under Section 306IPC.A bench comprising Justice RF Nariman and Justice Mohan M …

Man can't be prosecuted if 'hypersensitive' wife ends life: Madras HC
10 years, 5 months ago

Man can't be prosecuted if 'hypersensitive' wife ends life: Madras HC

India TV News  

Madurai: Setting aside a lower court's order,the Madras High Court has said if a “hypersensitive” woman commits suicide after being scolded and beaten by her husband for not doing household work properly, then the husband could not be prosecuted for abetment of suicide. Setting aside the conviction and sentencing of one K Obuliraj by the trial court, Justice M Venugopal …

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 …

Abetment to suicide charge will be treated as FIR: Hooda
15 years, 2 months ago

Abetment to suicide charge will be treated as FIR: Hooda

The Hindu  

Haryana Chief Minister Bhupinder Singh Hooda, who has been closely monitoring the fall-out of the molestation case involving a former Haryana Director-General of Police S.P.S. Rathore, said on Saturday that the fresh complaint filed against the officer by the brother of the victim seeking action under Section 306 of the IPC would be treated as a First Information Report. Mr. …

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