Shreya Gupta
On 10th July, 2025, the Delhi High Court, upheld the acquittal of a woman and her family members who were accused of abetting the suicide of her husband. The decision, rendered by Justice Neena Bansal Krishna, emphasized the insufficiency of the evidence presented to establish any acts amounting to abetment under Section 306 of the Indian Penal Code.
The central allegation against the wife was that she used to threaten the deceased by warning that she would implicate him and his family in a false dowry case, and that such threats were also extended through her brothers. However, the Court found these accusations to be vague and lacking in specific details, such as dates or concrete incidents, which are essential to prove abetment. The deceased’s father had appealed the trial court’s acquittal order, asserting that his son had been harassed and mentally tortured by his wife and her family, which ultimately led him to take his own life. He submitted a suicide note purportedly written by the deceased as evidence, claiming it pointed towards the role of the wife and her family in driving him to suicide.
Upon scrutiny, however, the High Court observed that the suicide note lacked crucial elements such as a date and failed to mention any specific or proximate incident that could be interpreted as instigation or provocation. The Court further noted that while the testimonies of the deceased’s parents included claims of cruelty by the wife, including her alleged attempts to commit suicide—these actions only reflected her own disturbed mental state and did not amount to acts of cruelty against the deceased or his family.
Moreover, these alleged incidents were never reported to the police, which further weakened the prosecution’s case. The Court reiterated that general unhappiness or dejection in a marriage does not automatically establish legal abetment to suicide unless there is a direct and identifiable act of instigation or aiding. In the absence of such proximate cause or specific evidence indicating the involvement of the wife or her family in directly abetting the act, the High Court dismissed the appeal and affirmed the trial court’s decision to acquit the accused.
Click here to access the Judgement.
Case Title: Shiv Shankar v. State & Ors.,
Case Number: CRL.A.69/2021
Bench: Justice Neena Bansal Krishna
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