Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife.

"Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative but to take their own life.Such actions must also be proximate to the time of the suicide," held a bench comprising Justice Vikram Nath and Justice Prasanna B Varale.

"If the accused's actions were intended only to harass or express anger, they might not meet the threshold for abetment or investigation," the Court stated.

"For a conviction under Section 306 of the IPC, it is a well-established legal principle that the presence of clear mens rea—the intention to abet the act—is essential. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide," the judgment authored by Justice Nath stated.

The Court held that the  prosecution must demonstrate an active or direct action by the accused that led the deceased to take his/her own life. The element of mens rea cannot simply be presumed or inferred; it must be evident and explicitly discernible. Without this, the foundational requirement for establishing abetment under the law is not satisfied, underscoring the necessity of a deliberate and conspicuous intent to provoke or contribute to the act of suicide.

To bring a conviction under section 306, IPC it is necessary to establish a clear mens rea to instigate or push the deceased to commit suicide. It requires certain such act, omission, creation of circumstances, or words which would incite or provoke another person to commit suicide. Thus, to bring a case under this provision, it is imperative that the accused intended by their act to instigate the deceased to commit suicide. T

The Court stated that it was necessary to determine whether the cruelty or harassment inflicted on the victim left them with no other option but to end their life. In cases of alleged abetment of suicide, there must be concrete proof of either direct or indirect acts of incitement that led to the suicide.

"Mere allegations of harassment are insufficient to establish guilt. For a conviction, there must be evidence of a positive act by the accused, closely linked to the time of the incident, that compelled or drove the victim to commit suicide," the Court held.

"It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under Section 306 IPC cannot be sustained," the judgment further explained.

"The act of abetment must be explicitly demonstrated through actions or behaviors of the accused that directly contributed to the victim's decision to take their own life. Harassment, in itself, does not suffice unless it is accompanied by deliberate acts of incitement or facilitation. Furthermore, these actions must be proximate to the time of the suicide, showcasing a clear connection between the accused's behavior and the tragic outcome. It is only through the establishment of this direct link that a conviction under Section 306 IPC can be justified. The prosecution bears the burden of proving this active involvement to hold the accused accountable for thealleged abetment of suicide," the judgment went on to add.

In this case, the wife killed herself after 12 years of marriage, following which her father filed a complaint under Section 498A and 306 IPC against the husband. It was alleged that a year before her suicide, the husband had sold off her gold ornaments, given as streedhan and that she was physically and mentally tortured when she demanded them back.

The Court held that there was no proximate link between the alleged acts of harassment and the suicide.  The alleged incident of selling of gold ornaments and subsequent physical and mental harassment, as alleged, occurred almost a year ago.Further, selling of gold ornaments and the same was followed by discord and harassment upon their demand, even if true, do not reflect any intention to instigate, incite or provoke the deceased to commit suicide, the Court said.

"Mere harassment and such issues between the wife and her husband along with the in-laws do not appear to create a scenario where she was left with no option other than to end her life," the Court said while discharging the accused.

However, the Court refused to discharge the accused of the charge under Section 498A IPC.