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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 …

The Madhya Pradesh High Court recently held that the wife's act of not preparing the food in time, compelling the husband to do household chores and going to the market along with other persons for shopping purposes does not attract the offence of abetment of suicide. While setting aside an order of the Sessions Judge, Umaria framing charge under Section …

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 …

The Kerala High Court recently held that it is mandatory for the Magistrate to examine an accused who was tendered pardon under section 306 of CrPC, prior to committing the case to the Sessions Court. Without examining the approver as a witness, the Magistrate Court deleted the name of the approver from the array of the accused and committed the …

The Punjab and Haryana High Court recently held that an accused has the locus standi to challenge the rejection of an application filed by prosecution under Section 306 CrPC seeking pardon. “An accused does have a right to move an application independently to the trial Court under Section 306 Cr.P.C. While observing that there is sufficient evidence against the accused …

Tunisha Sharma Death: Co-star Sheezan Khan Held Under IPC Sec 306. What is ‘Abetment to Suicide’?

The Supreme Court on Thursday held that a college's professor and management could not be held liable for abetment of suicide under Section 306 of the Indian Penal Code for exercising legitimate disciplinary action and suspending a student for misconduct. Thereafter, on complaint of the father of the deceased, an FIR was lodged stating that the deceased person's suicide was …

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 …

The Kerala High Court on Tuesday held that in dowry death cases, Section 113B of the Indian Evidence Act casts a reverse burden on the accused to disprove the prosecution case. Upon appreciating the evidence in the case, the Court examined the essentials required to constitute an offence of dowry death under Section 304B. Therefore, finding that the prosecution failed …

The Gujarat High Court has observed that an employer scolding its employee to maintain discipline in the office would not amount to the former abetting the suicide of latter and it would not constitute an offence within the fold of Section 306 of IPC. Justice Nirzar Desai further held that if bona fide action of maintaining discipline in the office …

The Jammu & Kashmir and Ladakh High Court has held that although different persons may react to a particular situation differently, mere refusal to repay a loan cannot in any way be considered to be an act of abetment to drive someone to commit suicide.In this regard, Justice Rajnesh Oswal added,"In order to constitute an offence of abetment, the act …

The Delhi High Court has held that the condition of pardon of a court approver- to make "full and true disclosure"- applies to the proceedings before the Court, and do not encompass the proceedings during investigation. The court observed that the Dubai-based businessman was yet to be examined by the Trial Court, and merely because the Public Prosecutor had issued …