Whether the bank manager refusing to sanction loan can be held guilty for abetment of suicide?

Law is well crystallized by various pronouncements of

the Honourable Apex Court and of this Court. It would be useful

to have a reference of few cases of the Honourable Apex Court

without detailing facts in those cases:

(1) Sanju alias Sanjay Singh Sengar vs. State of

Madhya Pradesh, reported at 2002(3) Cri.L.J.

2796,

(2) Madan Mohan Singh vs. State of Gujarat and

anr, reported at 2010 ALL MR (Cri) 3245 (SC).

13. One of leading case on this issue is, Dilip s/o Ramrao

Shirasao and ors vs. State of Maharashtra and anr reported at 2016

ALL MR (Cri) 4328, this Court discussed in detail various

pronouncements of the Honourable Apex Court. The ratio of the

said is that it is incumbent upon prosecution to at least show prima

facie case that accused had an intention to aid or instigate or abet

deceased to commit suicide. In the absence of availability of such

material, the accused cannot be compelled to face trial for the

offence punishable under Section 306 of the Indian Penal Code.

14. Admittedly, in this case, the Loan Account of the

complainant was showing outstanding to the tune of

Rs.2,32,689/-. The said aspect is not denied by the prosecution.

Sudhir Gawande, the deceased, was not having any loan

outstanding in his name. Even, according to the prosecution,

Sudhir Gawande, the deceased, went to the Bank of Maharashtra,

Morshi Branch, District Amravati for loan. If previous loan amount

is outstanding and if the applicant, who is Branch Manager of the

said Bank, is refusing to grant any further loan, can be said as act

of a vigilant and prudent banker and if he is not granting any

further loan, it cannot be termed that by such act he instigated

and/or abetted the person to commit suicide.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL) NO.63 OF 2016

Santoshkumar Raj Kishor Prasad Singh, Vs  The State of Maharashtra 

CORAM : V.M.DESHPANDE, &

ANIL S.KILOR, JJ.

DATE : SEPTEMBER 9, 2020.

ORAL JUDGMENT (Per : V.M.Deshpande, J.)

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Whether accused can be prosecuted for abetment of suicide if suicide note bears his name?

Death by commission of suicide must have been the desired object of the abettors; and with that in view they must have instigated, goaded, urged or encouraged the victim in commission of suicide. The instigation may be by provoking or inciting the person committing suicide and this instigation may be gathered by positive acts done by the abettors or by omission in the doing of a thing. Thus, the acts or omission committed by the abettors immediately before the commission of suicide are vital. The mere fact that certain persons have been named in the suicidal note to be responsible for his death is not by itself a ground to fasten one with the charge of abetment. In terms of Section 107, it must prima facie appear to hold that the person named in the suicide note to be responsible for commission of suicide has abetted in the act. The act for conduct of the accused, even if there may be any, however, insulting and abusive those may be, will not by themselves suffice to constitute abetment of commission of suicide, unless those are reasonably capable of suggesting that the accused intended by such acts consequence of suicide.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

Criminal Writ Petition No. 164 of 2018

Decided On: 30.01.2019

Gulab   Vs.  The State of Maharashtra and Ors.

Hon'ble Judges/Coram:

S.S. Shinde and R.G. Avachat, JJ.

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Whether a woman can be prosecuted for abetment of suicide of her husband if she has phone sex with friend of husband?

The learned Senior Counsel Mr.Mundargi has made out a
point that this communication was secretly done. It is true that this
fact is crucial and has direct bearing on deciding whether this Act
can be called as an abetment. Undoubtedly, this communication
was clandestinely done with a view that it should not be known to
the deceased. This was very private and in a way immoral
behaviour of the accused. Such phone sex or chatting is not an
adultery falling under the definition of adultery under section 13(1)
of Hindu Marriage Act, which expressly states that adultery means
having voluntary sexual intercourse with person other than spouse.
Thus, when the Indian Penal Code or Hindu Marriage Act were
enacted in those days, such kind of sexual intercourse by SMSs
was never imagined by the law makers. It is not an adultery but
these are instances of infidelity and unfaithfulness, which is not
expected when the marriage is solemnised. Such acts of infidelity
are bound to cause emotional trauma to the spouse, who may
react by taking extreme step like suicide. Thus, in the
circumstances like a case in hand, the spouse who indulges into
such activity is responsible for reaction of the other spouse.

18. Thus, when one partner does such activity clandestinely,
then it pre-supposes guilty mind. However, such an act or guilty
mind cannot be substituted for mens rea which is the requirement
for abetment under section 107 of the Indian Penal Code. The
intention of the partner who is engaged into such phone sex or
causing ill-treatment should be, that the other spouse should finish
his or her life. For example, if at all, the applicant/accused would
have indulged into phone sex deliberately disclosing this
repeatedly to the deceased albeit warning given by the deceased
of discontinuing such activity, it would have been considered a
planned harassment to the deceased and therefore, such
repeated, deliberate sexual SMSs would have manifested the
intention to drive the victim to the decision of committing suicide.
The guilty mind is to be necessarily linked with infidelity but not
abetment to commit suicide. It is not the case of the prosecution
in the present case. No such material is produced on record in the
present case. To commit suicide is a very unfortunate reaction of
the accused, who was deeply hurt. It was beyond his capacity to
bear such behaviour of his wife. However, this also cannot be said
that the applicant abetted the deceased to commit suicide.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.57 OF 2018
WITH
CRIMINAL APPLICATION NO.435 OF 2018
IN
CRIMINAL REVISION APPL

ICATION NO.57 OF 2018

Anagha Hitesh Arya Vs. The State of Maharashtra 

CORAM: Mrs.MRIDULA BHATKAR, J.

Dated: DECEMBER 14, 2018

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What are essential ingredient of offence of abetment of suicide?

    In   the   prosecution   under
Section   306,   IPC,   much   more   material
is   required.   The   Courts   have   to   be
extremely   careful   as   the   main   person
is not available for cross­examination
by   the   appellant/accused.   Unless,
therefore,   there   is   specific
allegation   and   material   of   definite
nature   (not   imaginary   or   inferential
one), it would be hazardous to ask the
appellant/accused to face the trial. A
criminal   trial   is   not   exactly   a
pleasant   experience.   The   person   like
the  appellant   in   present   case   who   is
serving   in   a   responsible   post   would
certainly suffer great prejudice, were
he   to   face   prosecution   on   absurd
allegations of irrelevant nature."  

In   the   facts   of   the   present   case
also,   there   is   no   nexus   between   so   called
suicide   and   any   of   the   alleged   acts   on   the
part of the applicant. There is no proximity
either.   Even   if   the   allegations   in   the
suicide   note   are   read   in   its   entirety,   the
same   would   not   even   remotely   suggest   that,
the applicant abetted, intentionally aided or
instigated   in   an   alleged   suicide   by   Vithal
Waghmare. 
9. The   Supreme   Court   in   the   case   of
S.S.   Chheena   V/s   Vijay   Kumar   Mahajan   and
another  (2010) 12 SCC 190, 
 in   para   25   observed   that,   the
abetment   involves   mental   process   of
instigating a person or intentionally aiding
a   person   in   doing   of   a   thing.   Without   a
positive   act   on   the   part   of   the   accused   to
instigate   or   aid   in   committing   suicide,


conviction cannot be sustained. the intention
of the legislature and the ratio of the cases
decided by this Court is clear that in order
to   convict   a   person   under   Section   306   IPC
there  has to be a clear  mens rea  to commit
the offence. It also requires an active act
or   direct   act   which   led   the   deceased   to
commit suicide seeing no option and that act
must have been intended to push the deceased
into   such   a   position   that   he   committed
suicide.          
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5283 OF 2016
Dadarao S/o Hausaji Dakore, V The State of Maharashtra,

CORAM : S.S. SHINDE & 
                            K.K. SONAWANE, JJ.

PRONOUNCED ON : 6th March, 2017
      


Citation: 2017 ALLMR(CRI)1538

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Whether teacher can be held liable for abetment of suicide of student?

In Dilip Ramrao Shirasao and others (supra), this
Court, relying upon the catena of decisions of the Hon'ble

Supreme Court, held that it is necessary for the prosecution to at
least prima facie establish that accused had an intention to aid
or instigate or abet the deceased to commit suicide and in the
absence of availability of such material, accused cannot be
compelled to face trial for the offence punishable under Section
306 of the Indian Penal Code.
This Court in similar set of facts in the case of Seema
Ajay Bhoosreddy vs. State of Maharashtra – [2012(2)
Bom.C.R.(Cri.)502] observed that deceased student was
hypersensitive, unable to face ground realities of life to ordinary
petulance which happen in day to day life. Petitioner therein was
a Professor in a Dental College and a student of BDS Course had
committed suicide. It was alleged in F.I.R. that petitioner and
other Doctors targeted the deceased and asked her to complete
difficult course within a short time and had threatened her and
so she committed suicide. A suicide note was also found during

investigation in the said case. In this background, the learned
Single Judge (B.R. Gavai, J.) held that there is no material which
can even be said to be prima facie sufficient to establish that
applicants had done any act which can be said to be with an
intention to aid or instigate or abet the deceased to commit
suicide.
08] From the above, it is apparent that law as to what are
the requirements to constitute an offence punishable under
Section 306 of the Indian Penal Code is well crystallized in the
above referred authorities. In the case on hand, suicide note
found on the spot shows that deceased was blamed for theft of
mobile and so she committed suicide. Further from F.I.R., it can
be revealed that a student has complained to the applicant that
her mobile has been stolen and the said student expressed her
suspicion for commission of theft on Nikita. It is not even the
case of the prosecution that applicant suspected the deceased
for theft of mobile of another student and she falsely blamed the
deceased for the theft. Though the entire happening depicts an
unhappy state of affairs, we do not find either from the
allegations in F.I.R. or from the suicide note that applicant was

responsible in any way for commission of suicide by Nikita.
Prima facie, on the face value of F.I.R. and suicide note, if taken
as they are, would not amount to abetment as defined under
Section 107 of the Indian Penal Code.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION [APL] NO.93 OF 2017
Smt. Jayashree wd/o Sunil Kotgirwar,
 V
 State of Maharashtra,

CORAM : B.R. GAVAI & KUM. INDIRA JAIN, JJ.
DATE : 20th MARCH, 2017.
Citation: 2017 ALLMR(CRI) 1695

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Whether distant relatives of husband can be prosecuted for abetment of suicide of wife?

The said judgments make it clear that when
members of the family of in-laws are not
residing together with the victim and her
husband and if there is no direct allegations
against them regarding ill-treatment by them,
and when they have never lived with the
victim or when there is no evidence regarding
their visit to the place when the incident
had taken place, the complaint is to be
treated as nothing but means to harass and
humiliate husband’s relatives and thereby,
permitting such complainant to pursue the
complaint, would be an abuse of process of
law. Serious observations are made by Hon’ble
Supreme Court of India in the case of Preeti
Gupta (supra), which need not be reproduced
in all such cases, whereas in the case of
Geeta Mehrotra (supra), the Hon’ble Supreme
Court of India has categorically confirmed
that casual reference of some relatives in
FIR or other statements are not sufficient to

take cognizance against all such family
members. Therefore, in such case,
practically, Supreme Court has to circulate
copy of the judgment to the Law Commission
and the Central Government to do the needful
and advice the investigating agency not to
include all the family members as accused.
10. Whereas, in the case of Arnesh Kumar
(supra), the Hon’ble Supreme Court of India
has categorically stated that police officers
should not harass family members or
automatically arrest and should not
mechanically reproduce all the statements.
11. Whereas in the case of Kans Raj, the
Hon’ble Supreme Court of India has stated
that overt acts attributed to the relatives
of the victim should be proved beyond
reasonable doubt.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION NO. 190 of 2016


MR.JUSTICE S.G.SHAH

SAVITABEN MANILAL NAYAK & 3.
V
STATE OF GUJARAT & 1

CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
 Date : 29/06/2016.
Citation:2017 CRLJ(NOC)115 Guj

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When prosecution for abetment to commit suicide is liable to be quashed?

 It is required to be observed that, the offence of
abetment could be termed complete only when there is an instigation
or engagement in the alleged conspiracy of commission of crime.

There is hardly anything on record to form an opinion that, the act of
petitioners herein constituted conspiracy to commit the crime of
abetment. The observations of the Apex Court in the matter of
constitution of abetment is required to be taken into account i.e. (a)
Instigating a person to commit an offence, (b) engaging in conspiracy
to commit it or (c) intentionally aiding a person to commit it. The
abetment is required to be coupled with the criminal intention i.e.
mens rea, so as to brought against the accused person charge of
commission of crime in question. It is, therefore, necessary to show
that, the petitioners have intentionally aided the suicide by late
Yuvraj, which is not brought on record either in the complaint or in
other investigation material. The Apex Court, while dealing with the
issue of abetment has observed that, the abetment involves mental
process, wherein the element of instigation, is very much required to
be established. The intention to instigate in aid to a person in
committing suicide is required to be brought on record and in
absence of positive act on the part of the accused to instigate or aid
the commission of suicide, the case would not stand against the
accused persons. An appropriate support can be drawn in support of
the above referred proposition on the judgment of the Apex Court in
the matter of Sohan Raj Sharma vs. State of Haryana reported in
2008 (1) S.C.C. 2015. The proximity and nexus of the act alleged
against the petitioners and conduct and behavior of petitioners, while

establishing the link of abetment, is absent in the present case, as is
apparent from the fact that, the alleged abetment, according to the
complainant, begun in September 2013 resulting into suicide of
Yuvraj on 24/02/2013 i.e. almost after period of five months.
44. In the light of above, the reliance is placed by learned
Counsel for the petitioners on the judgment of this Court in the matter
of Binod s/o Ratan Sarkar & ors. (supra) and the Apex Court in the
matter of Netai Datta (supra) are required to be taken note of. The
Apex Court, while dealing with the issue as regards the offence
under Section 306 of Indian Penal Code has observed that, it would
stand only if there is an abetment for commission of crime and the
parameters of the abetment have been clearly established, which
provides for instigating any person to do a thing.
45. From the narration of the contents in the F.I.R. and other
material, in any case, a conclusion cannot be drawn that, there was
an instigation at the behest of the petitioners, which has resulted into
commission of the crime. It is also required to be taken note of the
fact that, there is no suicide note left behind by the deceased Yuvraj
pointing out fingers towards the commission of offence by the
petitioners. As such, the ingredients of Sections 306, 107 and 108 of
Indian Penal Code are not satisfied in the present case.

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 629 OF 2014
 Ratan Pundlik Salunkhe,

v
 State of Maharashtra,

 CORAM : S.S. SHINDE &
 N.W. SAMBRE, JJ.

Dated : 13TH MARCH, 2015
Citation: 2016 ALLMR(CRI)4858

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Whether accused can be held guilty for abetment of suicide if he has outraged modesty of lady victim?

Looking to the clear evidence available that the victim
ran inside and committed suicide, the question before me is
whether it could be said that the prosecution proved abetment to
commit suicide.
19. In this regard, the learned counsel for the appellant
referred to the case of M. Mohan Vs. State Represented by

the Deputy Superintendent of Police, reported in AIR 2011
SC 1238 to submit that, for abetment to commit suicide, there
has to be a clear mens rea to commit the offence of abetting the
victim to commit suicide. Reliance was also placed on the
judgment in the matter of Gangula Mohan Reddy Vs. State of
A.P. reported in AIR 2010 SC 327 and it has been argued that,
for abetment, instigating or intentional aiding the person to
commit the act of suicide has to be established. Paras 18, 20
and 21 of the judgment need to be reproduced.
"18. In the instant case, the deceased was
undoubtedly hypersensitive to ordinary
petulance, discord and differences which happen
in our day-to-day life. Human sensitivity of
each individual differs from the other. Different
people behave differently in the same situation.

20. Abetment involves a mental process of
instigating a person or intentionally aiding a
person in doing of a thing. Without a positive
act on the part of the accused to instigate or aid
in committing suicide, conviction cannot be
sustained.
21. The intention of the Legislature and the
ratio of the cases decided by this Court is clear
that in order to convict a person under Section
306, IPC there has to be a clear mens rea to
commit the offence. It also requires an active
act or direct act which led the deceased to
commit suicide seeing no option and this act
must have been intended to push the deceased
into such a position that he committed suicide."

20. Keeping the above observations of the Hon'ble
Supreme Court in view, it would be now necessary to see
whether in the present matter abetment to commit suicide could
be said to be established. In the present matter, no doubt there
is evidence that the victim was assaulted and dragged outside
the house and there was attempt to push up her sari and there
was outrage of modesty. However, question is whether by such
act it could be said that the acts amounted to abetment to
commit suicide. No doubt there is also evidence that when the
victim ran inside and closed the door, the accused persons
continued to be there giving threat. But then, the evidence of
P.Ws.2 and 3 shows that, before the present incident there was
no quarrel between the parties and their relations were not
strained. The cross-examination of P.W.2 Syed Imam shows that
the relations between them and accused were cordial prior to the
incident and they never quarreled. P.W.3 Jubedabee stated that
the relations between her, P.W.2 Syed Imam and the accused
were cordial and that it was true that before the incident there
was no quarrel between the complainant and the accused. Thus,
although there is evidence that these prosecution witnesses had
trouble due to the liquor business of the accused persons and the
victim had even complained to one Deorao Khandare, before the

incident there were no strained relations as such. Thus, merely
because the incident of house-trespass, assault and outraging
modesty took place, that by itself cannot be calculated as
abetment to commit suicide. There is no material to show that
the intention of the accused persons was that the victim should
commit suicide. There is no material to show that they instigated
her to commit suicide or assisted or helped her. It was also not
a situation where circumstances were so created that the victim
had no other option than to commit suicide. It appears that, the
victim was over sensitive and at the spur of moment reacted in a
manner which may not have been expected by anybody. The
evidence shows that, even after the victim went inside, for some
time the accused were there outside, and the family could not
enter. It shows that, the victim had not, even while rushing
inside the house, indicated anything that she will commit such
act. Had that been so, the family would have made a hue and
cry and reacted faster.
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD

CRIMINAL APPEAL NO.836 OF 2015
Vikrant @ Vikki s/o Kashinath Khandare,

V
State of Maharashtra

CORAM: A.I.S. CHEEMA, J.
DATED: 10th August, 2016.

Citation:2016 ALLMR(CRI)4604

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Prosecution for offence of abetment of suicide is quashed against Judicial officer

As has been held by Their Lordships of the Apex Court
that for permitting a trial to proceed against the accused for the
offence punishable under Section 306 of the Indian Penal Code, it is
necessary for the prosecution to at least prima facie establish that
the accused had an intention to aid or instigate or abet the
deceased to commit suicide. In the absence of availability of such
material, the accused cannot be compelled to face trial for the
offence punishable under Section 306 of the Indian Penal Code. As
has been held by Their Lordships of the Apex Court that abetment
involves mental process of instigating a person or intentionally
aiding a person in doing of a thing and without a positive act on the
part of the accused in aiding or instigating or abeting the deceased
to commit suicide, the said persons cannot be compelled to face
the trial. Unless there is clear mens rea to commit an offence or
active act or direct act, which led the deceased to commit suicide
seeing no option or the act intending to push the deceased into
such a position, the trial against the accused under Section 306 of
the Indian Penal Code, in our considered view, would be an abuse
of process of law.
21. No doubt that the judiciary has lost one of its officers in
an unfortunate incident. However, as held by the Hon'ble Supreme
   
Court, the response of a person to a situation may differ from a
person to person. A person, who is sensitive, may be hurt if the
things do not happen as per his wish and may unfortunately
commit an act, which leads to his death. No doubt, our all
sympathies are with the family of the Judicial Officer, who lost his
life in prime age. However, can that be said to be sufficient to
prosecute the other Judicial Officers, for no fault of theirs. As
already discussed hereinabove, except applicant no.1, there is not
even whisper in the affidavit of the non-applicant no.2 insofar as
the other applicants are concerned. Even the allegations against
the applicant no.1 are with regard to discharge of his official duties.
As pointed out hereinabove, it cannot also be a case of harassment
inasmuch as the deceased was the junior most Judicial Officer in
the cadre of Civil Judge Senior Division and transferring him out of
the District headquarters to another place in the same district,
cannot be said to be an act by the applicant no.1 causing
harassment to the deceased. If the deceased had any grievance
against his superiors, it was always open for him to approach the
learned Guardian Judge of the District or Registry of this Court.
22. In any case, the transfer of the deceased from Yavatmal
to Darwha had taken place on 01.10.2015. The workshop, in which
it is alleged that the applicant no.1 had ill-treated the deceased,
had taken place on 14.02.2016 and the unfortunate incident of
suicide has taken place on 06.03.2016. Thus, it can be clearly

seen that even the causes of action, which are attributed as an
abetment to commit suicide are also far remote from the date of
death of the deceased. As already discussed hereinabove, in the
case of Sanju @ Sanjay Sengar, the allegation that you go and die
and the deceased committing suicide after 48 hours, was found to
have no nexus with the suicide.
23. In that view of the matter, we are of the considered view
that continuation of criminal proceedings against the present
applicants would result in an abuse of process of law and as such
we are inclined to allow the application.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION [APL] NO. 332 OF 2016

 Dilip S/o Ramrao Shirasao,
V
 State of Maharashtra,


CORAM : B.R. Gavai & V. M. Deshpande, JJ.
DATED : August 05, 2016.
Citation:2016 ALL MR (Cri) 4328

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What are essential ingredients of offence of abetment of suicide?

The Hon'ble Supreme Court in case of Amalendu Pal @
Jhantu Vs. State of West Bengal, reported in AIR 2010 SC 512, after
considering various earlier judgments on this issue, observed in para
15 & 16 as under:
“15. Thus, this Court has consistently taken the view
that before holding an accused guilty of an offence
under section 306, Indian Penal Code, the Court must
scrupulously examine the facts and circumstances of the
case and also assess the evidence adduced before it in
order to find out whether the cruelty and harassment
meted out to the victim had left the victim with no other
alternative but to put an end to her life. It is also to be
borne in mind that in cases of alleged abetment of
suicide there must be proof of direct or indirect acts of
incitement to the commission of suicide. Merely on the
allegation of harassment without their 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, conviction in terms of section
306, Indian Penal Code is not sustainable.”
16. In order to bring a case within the purview of
section 306 of Indian Penal Code 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, Indian Penal
Code.”
 Upon perusal of the judgments of the Hon'ble Supreme
Court referred above, it is required to be borne in mind that in cases
of alleged abetment of suicide, there must be proof of direct or
indirect acts incitement to commission of suicide. Merely on the
allegations 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, conviction in terms of
section 306 of I.P. Code is not sustainable. Therefore, what is
required is that, unless there is any positive action proximate to the
time of occurrence on the part of the accused, which led or compelled
the person to commit suicide conviction under section 306 is not
sustainable.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD. 
CRIMINAL APPLICATION NO. 5436 OF 2013

Vijay @ Munna Bharat Gurkhude Vs The State of Maharashtra

CORAM: S.S. SHINDE &
V.L. ACHLIYA, JJ.

PROUNCED ON: 9th SEPTEMBER, 2014
Citation:2016 ALLMR(cri) 2566

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When prosecution for abetment to commit suicide is liable to be quashed?

The Apex Court observed thus:

“27. This Court in Chitresh Kumar Chopra v. State (Govt. of
NCT of Delhi) (2009) 16 SCC 605 had an occasion to deal with
this aspect of abetment. The Court dealt with the dictionary
meaning of the words "instigation" and "goading". The Court
opined that there should be intention to provoke, incite or
encourage the doing of an act by the latter. Each person's
suitability pattern is different from the other. Each person has
his own idea of self esteem and self respect. Therefore, it is
impossible to lay down any straitjacket formula in dealing with
such cases. Each case has to be decided on the basis of its own
facts and circumstances.
28. Abetment involves a mental process of instigating a
person or intentionally aiding a person in doing of a thing.
Without a positive act on the part of the accused to instigate or
aid in committing suicide, conviction cannot be sustained. The
intention of the legislature and the ratio of the cases decided by
this Court is clear that in order to convict a person under
Section 306 IPC there has to be a clear mens rea to commit the
offence. It also requires an active act or direct act which led the
deceased to commit suicide seeing no option and that act must
have been intended to push the deceased into such a position
that he committed suicide. 
17. The Supreme Court in the case of Gangula Mohan Reddy v. State
of A.P. reported in 2010 All MR (Cri) 615 : AIR 2010 SC 327 held that mens
rea to commit the offence, must be present for proving the offence of abetment
of suicide. The Supreme Court held as under:
“20. Abetment involves a mental process of instigation a
person or intentionally aiding a person in doing of a
thing. Without a positive act on the part of the accused to
instigate or aid in committing suicide, conviction cannot
be sustained.
The Supreme Court also held that it is not possible to lay down any
formula in dealing with such cases.”
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2622 OF 2012
Raviraj Ramchandra Deshpande ...Petitioner
 Versus
The State of Maharashtra & Anr. ...Respondents

 CORAM:- REVATI MOHITE DERE, J.
 DATED :- JUNE 18, 2014
Citation;2016 ALLMR(CRI)1420

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