Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.

In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide, the bench of Justices MR Shah and Krishna Murari observed.

The bench added that a court of law while adjudicating cases of abetment of suicide is not to be guided by emotions of sentiments but on analysis of facts and evidence on record.

The court observed thus while acquitting accused (husband and in-laws of deceased) who were concurrently convicted (by Trial Court and Madras High Court) under Sections 498A and 306 IPC. The prosecution case against them was that after marriage, all the accused persons demanded more dowry and that she was abused and humiliated for not conceiving and compelled her consume cow urine in the name of 'Pooja'. Further, that after the abortion of second pregnancy in 2014, the abuse, harassment, and instigation by the accused persons increased many folds and this led to suicide.

In appeal, the Apex Court bench noted that there exists no evidence on record indicating that the deceased was meted out with harassment by the appellants just before her death. The bench, in this regard, observed:

"To convict a person under Section 306 IPC, there has to be clear mens rea to commit offence. It also requires an active act or direct act which leads deceased to commit suicide finding no other option and the act must be such reflecting intention of the accused to push deceased into such a position that he commits suicide. The prosecution has to establish beyond reasonable doubt that the deceased committed suicide and Appellant No. 1 abetted the commission of suicide of the deceased. In the present case, both the elements are absent"

This Court has time and again reiterated that before convicting an accused under Section 306 IPC, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life. It is also to be borne in mind that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without their being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable."

Regarding the charge under Section 498A IPC, the bench noted that except the statement of the prosecution witnesses recorded after the incident, there is no other evidence to establish the allegation of any demand of dowry or ill treatment meted out to the deceased during her marriage.

Therefore, allowing the appeal, the bench acquitted the accused.

Arjun Garg, AOR and Co-Founder GSL Chambers represented the appellate along with Senior Advocate Kapil Sibal.

Case details

Mariano Anto Bruno vs Inspector of Police | 2022 LiveLaw (SC) 834 | CrA 1628 OF 2022 | 12 October 2022 | Justices MR Shah and Krishna Murari

Counsel: Sr. Adv Kapil Sibal for appellants, Adv P.V. Yogeswaran for respondents

Headnotes

Indian Penal Code, 1860 ; Section 306 - In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without their being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable. (Para 36-38)

Indian Penal Code, 1860 ; Section 306 - Each suicide is a personal tragedy that prematurely takes the life of an individual and has a continuing ripple effect, dramatically affecting the lives of families, friends and communities. However, the court of law while adjudicating is not to be guided by emotions of sentiments but the dictum is required to be based on analysis of facts and evidence on record. (Para 32)

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