Direct Proximate Act Necessary To Establish Offence Of Abetment Of Suicide, SC Holds

The Supreme Court of India, on 12 October, held that 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 IPC (Indian Penal Code) was not sustainable.

Bench of Justices M. R. Shah and Krishna Murari heard a petition against conviction under Sections 498A and 306 of the IPC.

Factual Matrix 

The deceased spouse died of asphyxia in her bathroom. The mother of the deceased filed a complaint against the husband, father-in-law and mother-in-law (Appellants) of her daughter. 

It was alleged that since the disease was not having a child for 1.5 years the appellants abused her and compelled her to participate in the pooja and on the refusal of the same she was threatened that she would die.

It was also aled that she was compelled to have a second child, was made to do all the domestic household work and was subjected to continuous cruelty which resulted in her committing suicide.

Section 306

Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

State Of Mind Will Determine Culpability 

The Court observed that, "in order to convict an accused under Section 306 of the IPC, the state of mind to commit a particular crime must be visible with regard to determining the culpability."

The Court noted that there was no animosity between the families of Appellant No. 1 and the deceased throughout their marriage. It was further observed that the deceased was suffering from bipolar disease and was undergoing treatment for the same. 

Court Should Be Guided By Evidence Not Emotions

"Indeed, each suicide is a personal tragedy that prematurely takes the life of an individual and has a continuing ripple effect, dramatically affecting I the lives of families, friends and communities. However, the court of law while adjudicating is not to be guided by emotions of sentiments but the dictum is required to be based on analysis of facts and evidence on record," the Court noted.

Direct Act + Mens Rea 

Observing that to convict a person under Section 306 IPC, there had to be clear mens rea to commit offence and it also required an active act or direct at which led the deceased to commit suicide finding no other option and the act must be such reflecting intention of the accused to push deceased into such a position that he commits suicide. 

The appeal was allowed and the conviction was set aside.