Suicide, Harassment, Abetment and Criminal Law

Suicide, Harassment, Abetment and Criminal Law

In this case [Shiv Shankar v. State [2025] GCtR 1332 (Delhi)], dealing with allegations of harassment and consequent suicide, acquitting the accused for offences under S.306/S.34 of IPC,  it was held that "to satisfy the requirement of the ‘instigation’ it is important that the act/omission or by the continued course of conduct, a situation is created, where the deceased is left with no other option except to commit the suicide. A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be ‘instigation’."

Crime of Suicide by Abetment : Some Legal Issues

 Suicide by Abetment : Some Legal Issues

Many cases have been decided by Hon'ble Supreme Court.

In context of Section 306 of IPC, it has been commented at page 3 of M. Arjunan v State [2018] GCtR 2701 (SC) thus : - 

"The essential ingredients of the offence under Section 306 IPC are: (i) the abetment; (ii) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied the accused cannot be convicted under Section 306 IPC."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment (for example) as 4 December 2018.

Written by 

Vishal

Delhi

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