The Supreme Court on Wednesday (March 5) set aside the conviction of a man accused of committing an offence of abetment of suicide by blackmailing the deceased using compromising photographs and videos.
The Court observed that for invoking the offence of abetment to suicide under Section 306 of IPC, the prosecution must prove instigation, conspiracy, or intentional aid with a clear mens rea to abet suicide. Mere harassment or differences are not sufficient unless there is a proximate act leading to suicide, the court said.
"Abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. Besides, in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence,"
