Nithyakalyani Narayanan
The two-judge bench, comprising of Justice L. Nageswara Rao and Justice Aniruddha Bose, stated that for a case of suicide under IPC Section 306, it must be proven that the person who is accused of abetting the suicide, must have instigated the death or his actions must have encouraged the person to commit suicide.
Case background
Case details: Shabbir Hussain vs. State of Madhya Pradesh [SLP(Crl) 7284/2017]
The deceased is claimed to have committed suicide in his house by ingesting poison. He left four suicide notes in which he states that he is committing suicide as the accused refused to send his wife and daughter with him and hence, they’re responsible for his death. The accused filed a revision petition to the High Court of Madhya Pradesh and was granted. In the appeal before the Supreme Court, it was claimed that the abetment of suicide by the accused is prima facie that is made out as harassment by them which encouraged suicide by the deceased, referring to the case of Amalendu Pal v. State of West Bengal (2010) 1 SCC 707.
The court stated that abetment is said to occur only when a person provokes another person to commit action and that provocation has led to a situation where the deceased was left with no other option other than suicide. Chitresh Kumar Chopra v. State (Government of NCT of Delhi) (2009) 16 SCC 605] was referred here.
The bench dismissed the appeal, stating mere allegations of harassment of the deceased is not enough to prove abetment of suicide.
The judgment can be accessed here.