Khushi Bajpai
Published on: 04 August 2022 at 19:17 IST
The Bombay High Court ruled in a case of aiding suicide that using abusive or insulting language by itself does not constitute a criminal. In July 2020, a 20-year-old lady killed herself and left a suicide note.
When granting bail to Tejas Parihar, a defendant, Justice Bharati Dangre stated that,
“Even if the accused intentionally used derogatory language to disparage the deceased, this act alone does not amount to aiding suicide. There should be proof that the accused meant for their actions to encourage the dead to commit suicide. The accused is ineligible for conviction under Section 306 of the Indian Penal Code (abetment to suicide) until all requirements for instigation/abetment to commit suicide have been met.”
Satyam Dubey, his attorney, requested bail. However, prosecutor Rutija Ambekar stated that the report from the handwriting expert on confirming the writing is still pending.
According to the HC, “The suicide note when read, reflect the mental state of a girl, who felt dejected when in front of her family she was made to admit relationship with Karan…,” and they went on to say, “Abetment involves a mental process of instigating a person or intentionally aiding a person.”
Conviction cannot be upheld in the absence of an intentional act by the accused to encourage or facilitate suicide.