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 there is no evidence that the accused-appellant promised to marry the deceased, that there was such a promise, it is again a simple case of a broken relationship for which there is a different cause of action, but not prosecution or conviction for an offence under Section 306, specially in the facts and circumstances of the case where no guilty intention or mens rea on the part of the accused-appellant had been established.”, the court held. Mr. D. L. Chidananda, AOR Case Title: KAMARUDDIN DASTAGIR SANADI VERSUS STATE OF KARNATAKA THROUGH SHO KAKATI POLICE Citation : 2024 LiveLaw 933 Related Report: Heartbreaks Part Of Everyday Life; Breaking Up & Advising Partner To Marry Someone Else Won't Amount To Abetment To Suicide: Supreme Court

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History of this topic

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
1 week, 4 days ago

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence. Justice Harpreet Singh Brar said, “an offence …

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 …

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court
1 month, 3 weeks ago

Trial Courts Wrongly Convicting Persons For Dowry Death Misapplying S.304B IPC; Time For Judicial Academies To Step In : Supreme Court

Live Law  

The Supreme Court, while overturning the appellant/ accused's conviction under Section 304-B of the IPC, noted that while the Court has repeatedly laid down this provision's ingredients, the Trial Courts were committing the same mistakes repeatedly. “Therefore, even for attracting Section 113-B, the prosecution must establish that the deceased was subjected by the appellant to cruelty or harassment for or …

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. …

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 …

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 …

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
Trending News
3 months, 2 weeks ago

Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court

Live Law  

The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge. The Supreme Court noted that there were sufficient averments in the complaint to the effect that the wife …

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, 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 …

Broken relationships don't inherently amount to abetment of suicide: Supreme Court
3 months, 4 weeks ago

Broken relationships don't inherently amount to abetment of suicide: Supreme Court

India Today  

The Supreme Court on Friday said that broken relationships, while emotionally difficult, do not necessarily amount to abetment of suicide unless there is evidence of intent to commit a criminal act. A bench of Justices Pankaj Mithal and Ujjal Bhuyan overturned the Karnataka High Court's conviction of Kamaruddin Dastagir Sanadi, who had been sentenced to five years in prison for …

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court
4 months, 1 week ago

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court

Live Law  

Observing that the non-materialization of a consensual relationship into marriage cannot be given a criminal color, the Supreme Court today quashed a criminal case against the man accused of repeatedly raping a woman on the false pretext of marriage. “a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. “A review of 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 …

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, 1 week 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.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 …

Abused Partner With Criminal Intention, Said That Even If She Committed Suicide He Will Face Court: Karnataka HC Declines Relief To Man Booked U/S 306 IPC
7 months, 2 weeks ago

Abused Partner With Criminal Intention, Said That Even If She Committed Suicide He Will Face Court: Karnataka HC Declines Relief To Man Booked U/S 306 IPC

Live Law  

The Karnataka High Court has dismissed a petition filed by an accused who sought to quash the prosecution initiated against him after a woman with whom he was in a relationship, committed suicide by hanging herself after he refused to marry her. It said “Once a statement were given in respect of the love affairs, death note and CDR prior …

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court
9 months ago

Prosecution Must Prove Continuous Harassment And Proximate Act For Securing Conviction Of Abetment To Suicide: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that for a conviction on charges of abetment to suicide, the prosecution must establish not just continuous harassment but also a clear and proximate act by the accused that demonstrably pushed the victim to take their own life. In dismissing a criminal appeal challenging the acquittal of a man accused …

If a person dies by suicide due to ‘love failure’, the partner cannot be held accountable for abetting it, says High Court
11 months, 1 week ago

If a person dies by suicide due to ‘love failure’, the partner cannot be held accountable for abetting it, says High Court

The Hindu  

April 18, 2024 05:05 am | Updated 05:05 am IST - NEW DELHI The Delhi High Court has observed that a person cannot be held accountable for abetting the suicide of a partner who ends life due to “love failure”. “For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having …

Woman can't be held accountable if lover dies by suicide due to ‘love failure’: Delhi High Court
11 months, 1 week 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
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 …

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 …

Discovering Husband’s Infidelity Shortly After Marriage Can Have Devastating Effects On Mental Well Being Of Woman: Delhi High Court
1 year, 7 months ago

Discovering Husband’s Infidelity Shortly After Marriage Can Have Devastating Effects On Mental Well Being Of Woman: Delhi High Court

Live Law  

Observing that discovering husband’s infidelity shortly after marriage can have devastating effects on the mental and emotional well-being of a woman, the Delhi High Court has denied bail to a husband accused of abetting suicide of his wife who was found dead within 13 days after marriage.Justice Swarana Kanta Sharma observed that the emotional trauma of discovering infidelity and. Observing …

Jiah Khan, Sushant Singh Rajput to Tunisha Sharma: Why Suicide Abetment Charge is Tough to Prove
1 year, 11 months ago

Jiah Khan, Sushant Singh Rajput to Tunisha Sharma: Why Suicide Abetment Charge is Tough to Prove

News 18  

A break-up does not amount to abetment of suicide, a charge that carries a stiff 10-year sentence and is perhaps the most difficult charge to prove unless there is clinching evidence – this has been exposed yet again in the Jiah Khan case in which actor Sooraj Pancholi has been acquitted of the charge after nearly a decade. A break-up …

Karnataka High Court Upholds Woman's Acquittal Accused Of Abetting Partner's Suicide By Cheating On Him
2 years, 5 months ago

Karnataka High Court Upholds Woman's Acquittal Accused Of Abetting Partner's Suicide By Cheating On Him

Live Law  

The Karnataka High Court has dismissed an appeal filed by the State government challening an order passed by the trial court acquitting a woman accused of abetting the suicide of a man who was in a relationship with her. A single judge bench of Justice Sreenivas Harish Kumar dismissed the appeal filed against the order acquitting the accused/respondent for the …

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 …

Supreme Court seeks Centre’s response - The Hindu
2 years, 6 months ago

Supreme Court seeks Centre’s response - The Hindu

The Hindu  

The Supreme Court on Friday, September 16, 2022, sought a response from the government on appeals to criminalise marital rape. During the brief hearing, All India Democratic Women's Association, represented by advocate Karuna Nundy, said both judges in the Bench in the Delhi High Court had agreed that the case raised a substantial question of law which required an authoritative …

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023
2 years, 6 months ago

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023

Live Law  

Supreme Court bench of Justice Ajay Rastogi and Justice B. V. Nagarathna today issued notice on a batch of petitions filed assailing the split verdict of the Delhi High Court on the issue of Marital Rape. Counsel appearing for All India Democratic Women's Association, Advocate Karuna Nundy submitted that "the substantial question of law in the opinion of the two …

'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. …

Woman Commits Suicide After 17 Yrs Of Marriage: Telangana High Court Says No Presumption Of Abetment Against Husband
2 years, 8 months ago

Woman Commits Suicide After 17 Yrs Of Marriage: Telangana High Court Says No Presumption Of Abetment Against Husband

Live Law  

The Telangana High Court recently refused to apply presumption of abetment against a man whose wife committed suicide after 17 years of marriage. Justice K. Surender observed: "When there are no specific allegations in the background of the 1st respondent/A1 taking care of the deceased in all respects as admitted by P.Ws.1 to 3, it cannot be said that only …

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict
2 years, 10 months ago

Criminalisation of marital rape | Appeal filed in Supreme Court against Delhi High Court's split verdict

The Hindu  

A petition was filed in the Supreme Court appealing against the Delhi High Court’s split verdict in the marital rape case. The judges of the High Court has differed on the cardinal issue whether men can face the charge of rape for forcing themselves on their wives. While Justice Shakdher, who headed the High Court Bench, favoured striking down the …

A far-reaching verdict that ends a regressive exception
2 years, 11 months ago

A far-reaching verdict that ends a regressive exception

The Hindu  

Over the last several months, arguments challenging the constitutionality of the marital rape exception in Section 375 of the Indian Penal Code had gripped the Delhi High Court. Roots of the principle The exception to marital rape in common law was due to the dictum by Chief Justice Matthew Hale of Britain in 1736 where he stated: “But the husband …

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 …

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