Creating Circumstances That Drive A Person To Commit Suicide May Be Abetment: Chhattisgarh HC
7 years, 9 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 instant case, the wife of the accused had committed suicide and the accused was charged with the crime of abetting it. He had approached the high court seeking to quash the charge against him.Justice Goutam Bhaduri observed that statement of relatives of the deceased on record would reveal that circumstances created by the accused-husband that forced the wife to commit suicide and allegations of mental and physical torture were levelled against the petitioner on different grounds. “Therefore, the abetment or instigation whether existed or not has to be further clarified during course of evidence. Statements, as now exist, point out circumstances were created by the petitioner to form a prima facie opinion,” the court observed.It said: “In a given set of circumstances, an inference has to be drawn from the circumstances and it is to be determined whether circumstances had been such which, in fact, had created the situation that a person felt totally frustrated and committed suicide.”

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History of this topic

Abetment Of Suicide | 'Court Answerable To Deceased', Can't Quash FIR On Basis Of Compromise: Punjab & Haryana High Court
1 week ago

Abetment Of Suicide | 'Court Answerable To Deceased', Can't Quash FIR On Basis Of Compromise: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the FIR lodged for abetment to suicide cannot be quashed on the basis of compromise between parties, observing that where the primary victim is deceased, "the Courts must act as if it is directly answerable to the deceased and such cases be approached with the highest sense of responsibility and gravity …

Rajasthan HC Grants Bail To Husband Accused Of Abetting Wife's Suicide, Says He May Have Beaten Her But Prima Facie No 'Instigation' Established
2 weeks, 1 day 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 …

Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide
2 weeks, 4 days ago

Suicide Note Doesn't Show Serious Fight Between Couple: Punjab & Haryana HC Grants Pre-Arrest Bail To Wife Accused Of Abetting Husband's Suicide

Live Law  

The Punjab & Haryana High Court has granted anticipatory bail to a wife accused of abetting the suicide of her husband, observing that no serious fight in the recent past has been shown in the alleged suicide note. The Court noted that prima facie, as per the alleged suicide note, the husband was perturbed with the unwarranted desire of 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 …

For Abetment Of Suicide Offence, Alleged Harassment Must Have Left Victim With No Other Alternative But To End Life : Supreme Court
1 month, 2 weeks ago

For Abetment Of Suicide Offence, Alleged Harassment Must Have Left Victim With No Other Alternative But To End Life : Supreme Court

Live Law  

The Supreme Court while quashing charges of abetment of suicide against the present appellants, reiterated that the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life. Further, the alleged harassment meted out should have left the victim with no other alternative but to put an end to her …

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, 4 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 not abetment of suicide: Supreme Court
2 months 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
2 months 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 …

Asking Son's Lover To End Life If She Can't Live Without Him Not Abetment Of Suicide : Supreme Court Quashes Case Against Mother
2 months, 1 week ago

Asking Son's Lover To End Life If She Can't Live Without Him Not Abetment Of Suicide : Supreme Court Quashes Case Against Mother

Live Law  

The Supreme Court today quashed a criminal case for the offence of abetment to suicide against a woman for asking her son's lover to end her life if she could not live without him. The bench comprising Justice BV Nagarathna and Justice SC Sharma was hearing the case arising out of the Calcutta High Court's decision refusing to quash the …

DC Edit | Suicide abetment: Caution by SC
2 months, 1 week 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. …

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, 1 week 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. …

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court
2 months, 2 weeks ago

S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court

Live Law  

The Supreme Court, while acquitting an accused of cruelty and abetment of suicide, observed that to apply Section 113B of the Indian Evidence Act, clear evidence for incessant harassment is essential. When the Courts below want to apply Section 113B of the Evidence Act, the condition precedent is that there has to be first some cogent evidence as regards incessant …

Atul Subhash Suicide| 'Ingredients For Abetment Of Suicide Prima Facie Made Out' : Karnataka HC Refuses To Stay Investigation Against Wife
Trending News
2 months, 3 weeks ago

Atul Subhash Suicide| 'Ingredients For Abetment Of Suicide Prima Facie Made Out' : Karnataka HC Refuses To Stay Investigation Against Wife

Live Law  

The Karnataka High Court on Monday orally observed that it cannot quash the complaint filed against Nikita Singhania for allegedly abetting the suicide of her husband Atul Subhash, a Bangalore based techie, as prima facie ingredients of the offence are made out in the complaint. A single judge Justice S R Krishna Kumar refused to stay further investigation in the …

Why don’t you want probe: Karnataka HC rejects plea to quash FIR in Atul Subhash suicide case
2 months, 3 weeks ago

Why don’t you want probe: Karnataka HC rejects plea to quash FIR in Atul Subhash suicide case

New Indian Express  

BENGALURU: Karnataka High Court on Monday rejected the plea for quashing of FIR against Nikita Singhania in connection with the alleged suicide case of Bengaluru techie Atul Subhash. Subhash, an automobile company employee in Bengaluru had died by suicide over alleged torture and demand of Rs 3 crore by his wife Nikita Singhania for divorce settlement. The bench in disapproval …

Experts highlight challenges in proving abetment to suicide in Bengaluru techie case; low conviction rates persist
3 months ago

Experts highlight challenges in proving abetment to suicide in Bengaluru techie case; low conviction rates persist

New Indian Express  

BENGALURU: While the police have registered ‘abetment to suicide’ charges against the accused in the Atul Subhash suicide case, experts opine that proving abetment to suicide cases is a very difficult task. Bengaluru has seen 388 abetment to suicide cases in the last three years, yet the conviction rate remains at an alarming 0. Speaking to The New Indian Express, …

Important to establish instigation in abetment to suicide cases: Supreme Court
3 months, 1 week 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 …

Atul Subhash Suicide | Accused-Wife Moves Allahabad High Court Seeking Anticipatory Bail In Abetment To Suicide Case
3 months, 2 weeks ago

Atul Subhash Suicide | Accused-Wife Moves Allahabad High Court Seeking Anticipatory Bail In Abetment To Suicide Case

Live Law  

The wife of 34-year-old Bangalore techie-Atul Subhash, along with three of her family members, has filed an anticipatory bail petition before the Allahabad High Court in connection with an FIR lodged against them concerning abetment to suicide case. An FIR was lodged against Nikita and her three family members by Bikas Kumar, the brother of Atul, in Bengaluru for abetment …

Bengaluru Techie's Death: The Complexity of Proving Abetment of Suicide
3 months, 2 weeks ago

Bengaluru Techie's Death: The Complexity of Proving Abetment of Suicide

The Quint  

However, in cases like that of Subhash, who left behind a written account of his reasons for his untimely demise, blaming his estranged wife, mother-in-law, and the family court judge, the parameters established in various judgments will be tested in specific cases like his. In my opinion, the crucial need to establish a clear causal link between the accused's actions …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 2 weeks 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, 2 weeks 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, 2 weeks 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 sufficient to find accused guilty of abetting suicide: Supreme Court
3 months, 2 weeks ago

Mere harassment not sufficient to find accused guilty of abetting suicide: Supreme Court

The Hindu  

Mere harassment is not sufficient to hold someone guilty of the offence of abetting suicide, and there must be clear evidence of direct or indirect incitement, the Supreme Court has said. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide,” the Bench said in its December 10 judgement. The Supreme Court said Section 306 …

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, 4 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, 4 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 …

Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC
4 months, 3 weeks ago

Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC

Live Law  

The Kerala High Court recently observed that while marriage is an essential ingredient to attract the offence of cruelty punishable under IPC Section 498A, however for abetment to suicide under IPC Section 306 there need not be any relationship between the "accused and the victim". In observing so, the high court set aside the man's conviction for cruelty under Section …

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court
7 months ago

[S.306 IPC] Prosecution For Allegedly Instigating Wife To Commit Suicide Can't Be Quashed After Filing Chargesheet: Karnataka High Court

Live Law  

The Karnataka High Court has held instigation or otherwise by a husband for the commission of suicide of the wife can only be deciphered in a full-blown trial after recording evidence. Instigation or otherwise of a husband for commission of suicide of the wife can only be deciphered in a full blown trial.” As per the prosecution case, the couple …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 2 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

S.306 IPC | Ordinary Quarrels In Marriage Can't Constitute Abetment Of Suicide In Absence Of Something More In Form Of 'Instigation': Kerala HC
1 year 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 …

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 …

S. 306 IPC | A Word Uttered In A Fit Of Anger Without Intending Consequences Can't Be Said To Be Instigation For Suicide: Supreme Court
1 year ago

S. 306 IPC | A Word Uttered In A Fit Of Anger Without Intending Consequences Can't Be Said To Be Instigation For Suicide: Supreme Court

Live Law  

The Supreme Court reiterated that to convict the accused for committing an offence of abetment to suicide under Section 306 IPC, it must be proved by the prosecution that the accused, by his act or omission or by his continued course of conduct, created a situation that the deceased is left with no other option except to commit suicide. Supreme …

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 …

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 …

Woman’s Suicide In Matrimonial Home Doesn’t Automatically Make Husband, In-Laws Liable For Harassment, Abetment: Punjab & Haryana High Court
1 year, 9 months ago

Woman’s Suicide In Matrimonial Home Doesn’t Automatically Make Husband, In-Laws Liable For Harassment, Abetment: Punjab & Haryana High Court

Live Law  

Observing that a woman's suicide in matrimonial home in itself does not make her in-laws and husband liable for harassment and abetment to commit suicide, the Punjab & Haryana High Court has upheld the acquittal of accused in a 2002 abetment to suicide case. The prosecution is obliged to prove and lead sufficient evidence capable of suggesting that the accused …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 9 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

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 …

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court
2 years, 7 months ago

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC, does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. The Court was adjudicating upon an appeal moved by the husband and mother-in-law of a deceased woman, challenging their conviction …

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. …

Everyone Has Different 'Suicidability Pattern', Seemingly Deceased Was Hyper-Sensitive: Jharkhand HC Quashes Charges For Abetment Of Suicide
2 years, 10 months ago

Everyone Has Different 'Suicidability Pattern', Seemingly Deceased Was Hyper-Sensitive: Jharkhand HC Quashes Charges For Abetment Of Suicide

Live Law  

While quashing charges for abetment of suicide against an applicant-accused, the Jharkhand High Court recently emphasized on varying "suicidability patterns" of different persons and observed that seemingly the deceased in the instant case was 'hyper-sensitive' and could not control her emotions which led to her taking such an extreme step. Therefore, it is necessary to prove that the said accused …

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 …

'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 …

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 …

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