Supreme Court Judgments on Abetment of Suicide

Section 306 of the Indian Penal Code pertains to abetment of suicide. Simply put, when one person drives another to commit suicide with a clear motive, followed by actions to drive another to commit suicide, it amounts to abetment of suicide. Recent Supreme Court judgments have established the importance of intention of the accused to prove this offence under section 306.

Supreme Court Judgment: Intention of the Accused to Drive a Person to Suicide 

On 19th August 2010, the Supreme Court held that unless there is specific material and evidence of abetment to suicide, it will be hazardous to ask an accused person to undergo trial. As per section 306, any person who abets the commission of suicide shall be punished for a term which may extent to ten years imprisonment and shall also be liable to fine.

A Bench comprising of Justices V.S.Sirpukar and Cyriac Joseph observed that a person who commits suicide will not be available to verify the allegations made in the suicide note, therefore, irrelevant allegations shall not be used to prosecute a person under section 306, IPC.

The Bench stated, “The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306.”

Supreme Court Judgments: Guilty or Not under Section 306

In the following instances, court judgments have held that an accused is guilty of abetment to suicide under section 306:

• When a widow burns herself at the funeral pyre of her husband and the accused person assisted her in making the arrangements for doing so and even put ghee so that the fire burns well. All those who joined the procession were also held guilty under section 306.

• Where a husband and his family harass the wife with dowry demands and this mental torture drives the wife to commit suicide.

In the following instances, courts held that an accused shall not be considered guilty of abetment to suicide under section 306:

• Where there was tension in the marital home of a newly married bride and she refused to eat food for three to four days, after which she committed suicide.

• When there is a mere allegation of harassment at the time of death or written in  a dying declaration.

• Where a newly married bride was taunted and harassed verbally by in-laws for bringing less dowry and for giving birth to a girl child, the question was whether it amounted to instigation for the bride to commit suicide, and the court held “not guilty.”

• When a girl was being blackmailed by a man who had photographs of her that she didn’t want her father to see, and he continued harassing her to either marry him or have illicit intercourse with him, it was held that the accused had no intention to drive her to commit suicide and that her act was an independent one.

When a person is charged under section 306, IPC, it is triable by the Sessions Court as the alleged offence is a non-bailable offence.