Friday, 2 May 2025

Abetment of suicide (Sec 306 IPC) requires proof of direct/indirect proximate instigation; remote harassment allegations alone insufficient, justifying quashing under 482 CrPC as abuse of process.

 SHENBAGAVALLI AND OTHERS

Vs.

THE INSPECTOR OF POLICE, KANCHEEPURAM DISTRICT AND ANOTHER

( Before : Abhay S. Oka and Augustine George Masih, JJ. )

Criminal Appeal No. 4268 of 2024 and Criminal Appeal No. 4269 of 2024

Decided on : 30-04-2025


Penal Code, 1860 — Section 306 — Abetment of Suicide — Ingredients — To constitute an offence under Section 306 IPC, the essential ingredients of abetment as defined under Section 107 IPC must be established — There must be proof of a direct or indirect positive act of incitement to the commission of suicide by the accused, reflecting a mens rea to instigate or aid the deceased to end their life