S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court

The Supreme Court today set aside the conviction of a man who was charged with the offence of abetment to suicide (Section 306 IPC) because his lover committed suicide upon his refusal to marry her.

The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan observed that simple refusal to marry someone would not amount to instigation to commit suicide. Instead, it must be shown that the accused had by his acts and omissions or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide.

The Court referred to the recent case of Prabhu vs. State represented by Inspector of Police & Anr., where it was observed that broken relationships and heartbreaks are part of everyday life and that breaking-up of the relationship would not constitute any instigation or abetment of suicide since to constitute 'Instigation'.

“we find that the accused-appellant had simply refused to marry the deceased and thus, even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide. The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide. Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide.”, the judgment authored by Justice Mithal said.

“Even assuming, though there is no evidence that the accused-appellant promised to marry the deceased, that there was such a promise, it is again a simple case of a broken relationship for which there is a different cause of action, but not prosecution or conviction for an offence under Section 306, specially in the facts and circumstances of the case where no guilty intention or mens rea on the part of the accused-appellant had been established.”, the court held.

Accordingly, the appeal was allowed, and the impugned judgment convicting the appellant was set aside.

Appearance:

For Appellant(s) Mr. Shirish K. Deshpande, AOR Mr. Sharanagouda Patil, Adv. Ms. Supreeta Sharanagouda, Adv. Mr. Jyotish Pandey, Adv.

For Respondent(s) Mr. Muhammad Ali Khan, A.A.G. Mr. Omar Hoda, Adv. Ms. Eesha Bakshi, Adv. Mr. Arjun Sharma, Adv. Mr. Kamran Khan, Adv. Ms. Gurbani Bhatia, Adv. Mr. D. L. Chidananda, AOR

Case Title: KAMARUDDIN DASTAGIR SANADI VERSUS STATE OF KARNATAKA THROUGH SHO KAKATI POLICE

Citation : 2024 LiveLaw (SC) 933

Click here to read/download the judgment

Related Report: Heartbreaks Part Of Everyday Life; Breaking Up & Advising Partner To Marry Someone Else Won't Amount To Abetment To Suicide: Supreme Court