Bombay High Court: Mere Allegation of Harassment are not Sufficient to Establish Offense of Abetment to Suicide

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Shivani Thakur

Published on: April 13, 2022 at 07:55 IST

The Bombay High Court held that for establishing an Offence of Abetment of Suicide under Section 306 of the Indian Penal Code (IPC), there must be Direct or Indirect Evidence to show that the Accused abetted the Deceased to Act and the mere Allegation of Harassment will not amount to Abetment to Suicide.

Justice Anil Kilor in an Order declined to hear an Appeal challenging acquittal of two men by the Sessions Court in an abetment of Suicide Case.

In the Cases of alleged Abetment of Suicide, there must be proof of direct or indirect Act or incitement to the Commission of Suicide. Merely, on the Allegation of Harassment without there being any positive action proximate to the time of occurrence on the part of the Accused which held for Compel the person to Commit Suicide, for Conviction under Section 306 is not sustainable,” Justice Kilor held.

As per the Prosecution Case, Sandeep died by Suicide by jumping into a well. A note was found in her pocket stating that he was ending his life due to the continued Harassment by Madan Chaudhari and Balaji Gaikwad.

Justice Kilor too agreed with the view of the Sessions Court stating that Sandeep’s wife and uncle weren’t a direct Witness to the Alleged Harassment caused to him by the duo.

If the acts and deeds are only of such nature where the Accused intended nothing more than Harassment or snap show of anger, a particular case may fall short of the Offence of Abetment of Suicide. However, if the Accused kept on irritating or annoying the Deceased by words or deeds until the Deceased reacted or was provoked, a particular Case may be that of Abetment of Suicide,” the Court said.

The Judge highlighted that the same doesn’t detail as to how the Harassment was caused and that there was no Evidence regarding the same, except the Suicide Note.

In the said backdrop, even if, the Oral Evidence of Witnesses is accepted in totality, nothing has been brought on record that the Accused had by their acts or continued course of conduct, created such circumstances that the Deceased Sandip was left with no option except to Commit Suicide. Moreover, nothing has been brought on record to show that the Accused were instigating the Deceased or intentionally aiding the Deceased in Committing the Suicide,” the Judge said while dismissing the Appeal.

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