Judgment Intelligence
Petition Allowed- Court
- Rajasthan High Court
- Date of Decision
- 24 April 2025
- Bench
- Justice Manoj Kumar Garg
- Relevant Acts & Sections
- Indian Penal Code, 1860 — Sections 107, 306, 500, 501, 504
Revision allowed. The order of 28.06.2023 framing charges under Sections 306, 500, 501 and 504 IPC in Sessions Case No. 129/2021 was quashed and set aside, and the petitioner was discharged of those offences; the stay petition was disposed of (paras 27-28).
Key holdings
- Section 306 read with Section 107 IPC needs direct or indirect instigation, in close proximity to the suicide, and a clear mens rea (para 10).
- At the stage of charge, mere allegations of harassment are not enough; intentional instigation or aid must appear (paras 11, 14).
- With no suicide note and nothing linking the petitioner’s conduct to the suicide, the charge failed even on the prosecution’s material (paras 14, 24).
- Charges under Sections 500, 501 and 504 IPC fail where nothing shows that the accused sent defamatory or insulting messages (para 25).
Brief Facts
Court's Findings
Legal Principle
Precedents Relied Upon
- Shabbir Hussain v. State of M.P. Special Leave to Appeal (Crl.) No. 7284/2017, dated 26.07.2021
Cited by the petitioner’s counsel in support of the submission that there was no evidence of abetment of suicide.
- State of West Bengal v. Indrajit Kundu and others (2019) 10 SCC 188
Cited by the petitioner’s counsel in support of the submission that there was no evidence of abetment of suicide.
- M. Arjunan v. State, represented by its Inspector of Police (2019) 3 SCC 315
Insulting the deceased with abusive language does not by itself constitute abetment of suicide; there must be evidence that the accused intended by that act to instigate the deceased to commit suicide.
View all precedents (12)
- Chitresh Kumar Chopra v. State (Govt. of NCT of Delhi) (2009) 16 SCC 605
Abetment requires an intention to provoke, incite or encourage the doing of an act by the accused; each person’s suicidability pattern differs.
- S.S. Chheena v. Vijay Kumar Mahajan and another (2010) 12 SCC 190
Without a positive act of the accused to instigate or aid the suicide, a conviction under Section 306 IPC cannot be sustained; a clear mens rea and an active or direct act are required.
- Randhir Singh v. State of Punjab (2004) 13 SCC 129
Abetment involves a mental process of instigating or intentionally aiding; a more active role is required before a person can be said to abet the commission of an offence under Section 306 IPC.
- Kishori Lal v. State of M.P. (2007) 10 SCC 797
Section 107 IPC: abetment is by instigation, conspiracy or intentional aid; to instigate means to provoke, incite, urge on or bring about by persuasion.
- Amalendu Pal @ Jhantu v. State of West Bengal 2009 7 Supreme 289
Mere allegations of harassment, without a positive act proximate to the occurrence that led or compelled the person to commit suicide, cannot sustain a conviction under Section 306 IPC.
- Mariano Anto Bruno and Ors. v. The Inspector of Police AIR 2022 SC 4994
There must be proof of direct or indirect acts of incitement to suicide; mere allegations of harassment without a positive proximate act are not enough.
- Mohit Singhal v. State of Uttarakhand Criminal Appeal No. 3578/2023, dated 01.12.2023
The accused must have mens rea to instigate; the instigation must be intense enough to leave the deceased no choice and must be in close proximity to the suicide.
- Prakash and Others v. The State of Maharashtra and Another 2024 INSC 1020
Section 306 IPC requires proof of direct or indirect acts of instigation in close proximity to the suicide, revealing a clear mens rea; a mere allegation of harassment does not suffice.
- Laxmi Das v. The State of West Bengal & Ors. 2025 INSC 86
Disapproval of a relationship and a remark of the kind made there do not amount to abetment; a positive act creating an environment that pushes the deceased to the edge is needed. (The order prints the name as ‘Lamxi Das’.)
