The Supreme Court has clarified that expressing disapproval of a marriage does not constitute abetment of suicide under Section 306 of the Indian Penal Code (IPC).
The ruling by a bench headed by Justices B.V. Nagarathna and Satish Chandra Sharma quashed a chargesheet against a woman accused of abetting the suicide of another woman. The victim was said to be in love with the appellant’s son, who refused to marry her, hence the accusations of family disputes.
The court ruled that the accusations stemmed from disagreements between the victim and the appellant’s son, particularly the appellant’s alleged disapproval of the marriage and her purported denigrating remarks against the victim. However, the justices ruled that even assuming all evidence, including witness statements, were true, there was no substantial evidence against the appellant.
The bench then commented, “The acts of the appellant are too remote and indirect to constitute the offence under Section 306, IPC. There is no allegation suggesting that the victim was left with no option but to take the tragic step of suicide.”
The court also added that there was no pressure whatsoever applied by the appellant and her family to the victim to part ways with their son. It was pointed out to the court that it was the victim’s family that expressed dissatisfaction in that relationship.
The justices also reasoned that if the appellant had objection to marriage, mere objection, if any, would not amount to instigation in view of law, whether direct or indirect, to commit suicide.
They further added that even the comments on her not continuing to live if she was not allowed to marry her lover also do not amount to abetment. “A positive act must be there that has created an environment which pushes the victim to the brink for sustaining a charge under Section 306, IPC,” said the bench while concluding the matter.
