Mere Refusal To Marry Is Not Instigation To Commit Suicide: Chhattisgarh HC

"If, on refusal of marriage, any girl or boy commits suicide, it will generate huge number of litigations of offence punishable under Section 306 of the Indian Penal Code. Therefore, only on refusal of marriage, if a girl or boy commits suicide, that cannot be held to be a case of offence punishable under Section 306 of the Indian Penal Code."

The High Court of Chhattisgarh observed that mere refusal to marry is not an instigation to attract offence of 'abetment to suicide'.

Justice Arvind Singh Chandel observed thus while allowing a revision petition against the Trial Court order which framed charge against the accused under Section 306 of the Indian Penal Code.

In this case (Kewal Krishnakant Vishwakarma v. State Of Chhattisgarh), the accused had visited the house to the deceased before 2 years to see the deceased girl for marriage purpose. Thereafter, he had told her that he would marry her, but later, when he refused to marry her on her consistent demand she committed suicide by consuming poison

The court referred to section 306 and 107 of IPC and observed that in order to attract the provision of abetment to suicide, it is necessary to prove that the said accused has instigated the person to commit suicide or must have engaged with one or more persons in any conspiracy for seeking that the deceased commits suicide or he must intentionally aid by any act or illegal commission of the suicide by the deceased.

In the instant case, there is nothing available to establish that the Applicant had been continuously torturing or harassing the deceased physically or mentally, the court observed.

The court made reference to various decisions of the apex court to hold that suicide on the pretext of refusal of marriage by the other party alone cannot be held as valid ground to invoke Section 306 of the Indian Penal Code.

Discharging him from the case, the bench said:

"Making refusal by the Applicant to the deceased cannot be said to be an instigation on the part of the Applicant. It is a normal practice of the society that before finalisation of a marriage, parties visit many families and even after taking talks for a long period, refusal of marriage takes place and in this circumstance, if, on refusal of marriage, any girl or boy commits suicide, it will generate huge number of litigations of offence punishable under Section 306 of the Indian Penal Code. Therefore, only on refusal of marriage, if a girl or boy commits suicide, that cannot be held to be a case of offence punishable under Section 306 of the Indian Penal Code."