S.306 IPC | Suicide Note Alone Insufficient For Conviction Unless Its Proved There Was Incitement By Accused Proximate To Death : Supreme Court

The Supreme Court on Wednesday set aside the conviction of a man accused of committing an offence of abetment of suicide by blackmailing the deceased using compromising photographs and videos.The Court observed that for invoking the offence of abetment to suicide under Section 306 of IPC, the prosecution must prove instigation, conspiracy, or intentional aid with a clear mens rea. The Court observed that for invoking the offence of abetment to suicide under Section 306 of IPC, the prosecution must prove instigation, conspiracy, or intentional aid with a clear mens rea to abet suicide. Citing precedents such as Ramesh Kumar v. State of Chhattisgarh 9 SCC 618 and Chitresh Kumar Chopra v. State 16 SCC 605, the Court observed that instigation must involve goading, urging, or provoking the deceased to commit suicide, and mere harassment or differences are not sufficient to establish abetment unless there is a proximate act leading to suicide. The Court held that the prosecution failed to prove abetment to suicide under Section 306 IPC beyond reasonable doubt because the suicide note and other evidence were insufficient to establish the guilt of the appellants, and there were significant lapses in the investigation and inconsistencies in witness testimonies In light of the aforesaid, the Court allowed the appeal and set aside the convictions of the appellants.