6 years, 2 months ago

Mere Allegations Of Harassment Without Proximate Positive Action Not Sufficient For Conviction U/S 306 IPC: SC

Live Law

The Supreme Court reiterated that conviction under Section 306 of the Indian Penal Code is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused, which led or compelled the person to commit suicide. The bench comprising Justice L. Nageswara Rao and Justice MR Shah was considering an appeal against High Court judgment that confirmed conviction of Rajesh for abetting suicide of his brother in law, Arvind. The court, referring to Section 306 IPC said: "In order to bring a case within the purview of Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under Section 306 IPC."

Suicide Act 306 Ipc Section 306 Ipc person sc allegations act mere commit proximate conviction bench positive harassment sufficient accused commission court action arvind ipc 306 suicide

History of this topic

1 week, 5 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 …

2 weeks, 5 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 …

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 …

1 month, 1 week ago

SC: No criminal case for senior’s rap at office

Deccan Chronicle

The bench clarified that mere abuse, discourtesy, rudeness, or insolence do not satisfy the threshold for an intentional insult under Section 504 of the Indian Penal Code, which requires intent to provoke a breach of peace. This judgment came as the Court quashed a 2022 criminal case against the officiating director of the National Institute for Empowerment of Persons with …

1 month, 4 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 …

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 …

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. …

3 months, 1 week ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

"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 …

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 …

Trending News

3 months, 2 weeks ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law

3 months, 3 weeks ago

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Live Law

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one …

4 months, 3 weeks ago

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Live Law

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of …

4 months, 3 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 …

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 …

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 …

8 months ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

9 months, 4 weeks ago

Husband arrested after wife’s suicide in dowry case

Hindustan Times

Mumbai: The Trombay police have taken a husband into custody on suspicions of dowry-related death after his wife died by suicide at their residence in Trombay. The victim’s mother alleged that her husband used to beat her often for money whenever he came home under the influence of alcohol. HT Image According to authorities, the FIR stemmed from a statement …

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 …

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 …

1 year, 1 month ago

Delhi court convicts AAP MLA Prakash Jarwal, aides for doctor’s suicide

Hindustan Times

A Delhi court on Wednesday convicted Aam Aadmi Party MLA Prakash Jarwal and his aides Kapil Nagar and Harish in a case of abetment to suicide, filed against them in connection with the suicide of a South Delhi doctor. AAP MLA Prakash Jarwal with Delhi chief minister Arvind Kejriwal. Special judge MK Nagpal convicted Jarwal, MLA from Deoli, and Nagar …

1 year, 2 months ago

Delhi riots: Attempt to murder charge framed against former Congress Councillor Ishrat Jahan

Op India

Delhi’s Karkardooma Court has framed charges of attempt to murder against ex MCD councillor and lawyer Ishrat Jahan and 12 other accused, including Khalid Saifi. In this case, the accused are Ishrat Jahan, Khalid Saifi, Vikram Pratap, Samir Ansari, Mohd Salim, Sabu Ansari, Iqbal Ahmed, Anzaar, Mohd Ilyas, Mohd Bilal Saifi, Salim Ahmed, Mohd Yameen and Sharif Khan. The special …

1 year, 3 months ago

Bombay High Court Quashes Chargesheet Against Woman Accused Of Beating Husband With Broom, Biting Hand

Live Law

The Bombay High Court recently quashed the chargesheet filed against a woman accused of beating her husband with a broom and biting his hand, holding that the ingredients constituting the offence of Section 324 IPC were absent. A division bench comprising Justice Prakash D Naik and Justice NR Borkar allowed the woman's writ petition observing – “The requisite ingredients to …

1 year, 4 months ago

Delhi High Court Grants Bail To Man Accused Of Murdering Wife, Reiterates Ligature Marks In Case Of Hanging Different From Strangulation

Live Law

The Delhi High Court on Monday granted bail to a man being prosecuted under Sections 302, 498A and 201 IPC, in relation to his wife’s death. The deceased’s biological father had given a statement under Section 161 CrPC, where it was recorded that after marriage, the deceased would come to his house and complain that the petitioner tortured her for …

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 …

1 year, 6 months ago

Unexplained Delay In Filing Complaint Alleging Grave Offences U/S 354A IPC Fatal To Prosecution: Karnataka High Court

Live Law

The Karnataka High Court has quashed a prosecution initiated by a woman alleging offences under Section 354A of IPC for having filed the complaint three years after the alleged incident took place. The delay in the peculiar facts of this case is fatal for the reason that the offences alleged are ones punishable under Sections 354A & 354B of the …

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 …

1 year, 8 months ago

MP: Man dies by suicide after threat from person accused of abetting daughter’s suicide

Hindustan Times

A man allegedly died by suicide in Madhya Pradesh’s Vidisha after he was threatened by another man, who is the prime accused in sexual harassment and abetment of suicide of the former’s daughter, police said on Saturday. The man’s daughter, 18, had died by suicide one-and-half month ago over after accusing six men of sexual harassment, leading to a case …

2 years, 3 months ago

MP HC Sets Aside Lower Court Order in Suicide Abetment Case, Says Words Uttered in Anger Can't Be Termed Instigation

News 18

The Madhya Pradesh High Court has allowed a revision petition in a case of abetment of suicide by setting aside a lower court’s order while quoting an old judgement of the Supreme Court that words uttered in a fit of anger or omission without any intention cannot be termed as instigation. The HC’s single bench of Justice Sujoy Paul in …

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 …

2 years, 6 months ago

[MP Mohan Delkar Suicide] Bombay High Court Quashes Abetment FIR Against Dadra & Nagar Haveli Administrator & 8 Others

Live Law

The Bombay High Court on Thursday quashed FIR against Dadra and Nagar Haveli Administrator Praful Khoda Patel, Collector Sandeep Kumar Singh, Police Superintendent Sharad Darade, and other authorities for allegedly abetting suicide of Mohanbhai Sanjibhai Delkar, seven times Member of Parliament of Dadra and Nagar Haveli. " His son Abhinav Delkar accused the petitioners of abetting the suicide in an …

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 …

2 years, 8 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 …

2 years, 8 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. …

2 years, 8 months ago

Wife Living Separately Commits Suicide In Parental House: Karnataka High Refuses To Quash Dowry Death Case Against Husband Citing Disputed Facts

Live Law

The Karnataka High Court has dismissed a petition filed by a husband seeking to quash a case of dowry death registered against him under Sections 304B and 498A of IPC, after his wife, living separately since over two years, committed suicide in her parental house. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by one …

2 years, 11 months ago

"There Can Be No Compromise With Dead Man, FIR U/S 306 IPC Can't Be Quashed On Basis Of Compromise": Punjab & Haryana High Court

Live Law

Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of an FIR under Section 306 IPC on the basis of a compromise.The bench comprising Justice Gurvinder Singh Gill dismissed a petition filed by the petitioners under Section 482 of Cr.P.C. Punjab and Haryana High Court on April 1, 2022, dismissed the petition seeking quashing of …

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 …

2 years, 11 months ago

Rajasthan doctor suicide: SHO suspended, fir filed against local politician for abetment of suicide

Op India

On March 30, Chief Minister of Rajasthan, Ashok Gehlot, ordered the removal of the Superintendent of Police and suspension of a Station House Officer in the suicide case of Dr Archana after she was booked for murder under Section 302 of the Indian Penal Code at Lalsot Police Station in Dausa. In addition, an FIR has been registered against Shiv …

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 …

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 …

4 years ago

Breaking: AIIMS Assault Case: Delhi Court Affirms Conviction Of AAP MLA Somnath Bharti U/Ss 147,149 IPC &PDPP Act, 2Year Jail Term Upheld

Live Law

A Delhi Court on Tuesday affirmed the conviction of AAP MLA Somnath Bharti in the AIIMS Assault Case under sec.147 read with sec. Appellant be taken into custody and be sent to Jail for serving the sentence as awarded by the Ld.Trial Court vide its sentence order dated 23.01.2021 fort he offence under Section 147 IPC read with Section 149 …

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 …

4 years, 4 months ago

A Prima Facie Evaluation Of FIR Does Not Disclose Offence Of Abetment To Suicide Against Arnab Goswami : Supreme Court

Live Law

The Supreme Court, in its judgment today, observed that, on prima facie evaluation of FIR lodged against Arnab Goswami, it cannot be said that he was guilty of having abetted the suicide within the meaning of Section 306 of the IPC. The bench comprising Justices DY Chandrachud and Indira Banerjee said that the High Court failed to evaluate prima facie …

4 years, 4 months ago

Arnab Goswami’s case and criminal law on abetment to suicide in India

Live Mint

New Delhi: Republic TV promoter Arnab Goswami and two others were recently remanded by a Mumbai court to a two-week judicial custody in a 2018 abetment to suicide case. “While dealing with the issue of grant of bail in non-bailable offences, the Hon’ble Supreme Court laid down that the basic rule is bail, not jail, except where there are circumstances …

4 years, 6 months ago

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission

Live Law

World Suicide Prevention Day was observed on 10th September to raise awareness against suicide. Section 115 of the Mental Healthcare Act enacted in the year 2017 provides that 'notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be …

4 years, 7 months ago

[Section 304B IPC] Failure To Lodge FIR Complaining Dowry & Harassment Before Death Of Victim Inconsequential: SC [Read Judgment]

Live Law

The failure to lodge an FIR complaining of dowry and harassment before the death of the victim is inconsequential, observed the Supreme Court while setting aside the Allahabad High Court order that granted bail to a man who was convicted in a dowry death case. In appeal before the High Court, he contended that the No FIR in relation to …

5 years, 4 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 …

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 …

5 years, 10 months ago

Domestic violence case: Delhi HC quashes FIR against AAP MLA Somnath Bharti

India TV News

Delhi High Court, on Tuesday, quashed an FIR accusing Aam Aadmi Party MLA Somnath Bharti of domestic violence. High Court quashed the criminal case, noting Somnath Bharti and his wife Lipika Mitra are living happily together, reported PTI. In the domestic violence case filed by his wife Lipika Mitra, Bharti was an accused. An FIR was lodged by the police …

6 years, 1 month ago

'Voluntary Provocation' Cannot Attract Exception To Offence Of Murder: SC [Read Judgment]

Live Law

The Supreme Court has observed that if the provocation was voluntary on the part of the accused, it would not attract exception 1 to Section 300 of the Indian Penal Code. The bench comprising Justice L. Nageswara Rao and Justice Sanjay Kishan Kaul set aside a High Court judgment that had converted the conviction of the accused from under Section …

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