ABETMENT TO SUICIDE- ACTS OF ACCUSED MUST BE PROXIMATE TO OCCURRENCE FOR CONVICTION UNDER SECTION 306 IPC: SUPREME COURT

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under section 306 of the Indian Penal Code.

In cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide, a bench of Justice Mr. Shah and Krishna Murari observed.

The bench added that a court of law while adjudicating cases of abetment of suicide is not to be guided by emotion of sentiments but on analysis of fact and evidence on record.

The court observed thus while acquitting accused (husband and in-laws of deceased) who where concurrently convicted (by trial court and Madras High Court) under section 498A and 306 IPC. The prosecution case against them was that after marriage, all the accused person demanded more dowry and that she was abused and humiliated for not conceiving and compelled her consume cow urine in the name of ‘Pooja’. Further, that after the abortion of the second pregnancy in 2014, the abuse, harassment, and instigation by the accused person increased many folds and this led to suicide.In appeal, the apex court bench noted that there exists no evidence on record indicating that the deceased was meted out with harassment by the appellants just before her death. The bench in this regard observed: “To convict a person under section 306 IPC, there has to be clear mens rea to commit offence. It is also requires an active act or direct act which leads 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 prosecution has to establish beyond reasonable doubt that the deceased committed suicide and appellant no.1 abetted the commission of suicide of the deceased. In the present case, both the elements are absent.”

Judgment: Mariano Anto Bruno & Anr. v. The Inspector of Police 2022