Abetment Of Suicide | Instigation Must Be In Close Proximity To Suicide: Supreme Court Quashes Case Under S.306 IPC
Case: Mohit Singhal v. State of UttarakhandCitation
Coram: Justices Abhay S. Oka and Justice Pankaj Mithal
Case No.: CRIMINAL APPEAL NO. 3578 OF 2023
Court Observation: “To attract the first clause under section 107 IPC, there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. Hence, the accused must have mens rea to instigate the deceased to commit suicide. The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide. Such instigation must be in close proximity to the act of committing suicide.”
“In the present case, taking the complaint of the third respondent and the contents of the suicide note as correct, it is impossible to conclude that the appellants instigated the deceased to commit suicide by demanding the payment of the amount borrowed by the third respondent from her husband by using abusive language and by assaulting him by a belt for that purpose.”
“The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in close proximity to the date of suicide. By no stretch of the imagination, the alleged acts of the appellants can amount to instigation to commit suicide.”
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Abetment Of Suicide | Instigation Must Be In Close Proximity To Suicide
