Threat Of False Criminal Case Does Not Gain Status Of Abetment To Suicide Without 'Positive Act' Pushing Victim To The Edge: Calcutta HC

The Calcutta High Court has held that a mere threat of implicating someone in a false criminal case, without any positive act that pushes the victim over the edge, would not be sufficient to attract the offence of abetment to suicide under Section 306 of the IPC.

Justice Ajoy Kumar Mukherjee held: "There is no material against the petitioners of such a nature that the victim was left with no alternative but to commit suicide. Furthermore a threat of implicating someone with false criminal case does not gain the status of abetment to commit suicide by the victim. There needs to be positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of section 306 IPC." 

The FIR in the present case was registered on the basis of a written complaint lodged by opposite party no.2 stating that on and from 18.01.2011, the petitioners started to reside as tenants at the house of the brother of the defacto complainant, on the basis of a verbal agreement for a period of three months.

However, it was stated that after a lapse of a few days, the brother of the defacto complainant/victim/landlord came to know that the petitioners were carrying out illegal activities at their said rented house. It is alleged in the complaint that the victim/deceased on several occasions tried to restrain the petitioners from carrying out their illegal activities but the victim/deceased in due course of time came to know that several police officials were also involved in such illegal activities and the illegal business of the petitioners, who threatened the victim to implicate him in false cases.

The victim on several occasions went to the police station but did not get any relief. The petitioners allegedly turned the tenanted house into a centre for unsocial activities and when the complainant's brother/victim and sister-in-law/wife of the victim, requested them to quit the house, they started inflicting physical and mental torture upon them, for which the victim committed suicide on 02.05.2012

Counsel appearing on behalf of the petitioners submitted that petitioner no. 1 and petitioner no.2 who is the husband of petitioner no. 1, are suffering from old-age related ailments. He further argued that during the investigation the prosecution did not place any document regarding alleged illegal activities in the house nor any proceeding had been started for evicting the petitioners from their tenanted portion.

It was stated that the statements made by the charge sheeted witnesses were concocted and were fabricated stories created with the intention to implicate the petitioners falsely. He further stated that no suicide note was left by the victim in support of implicating petitioners.

The victim admittedly was not staying in the same premises with the petitioners, rather he was staying two kilometres away from the tenanted property and as such the essential ingredients to constitute an offence under section 306 of IPC, were conspicuously absent in the present case.

It was stated that In the absence of any 'positive act' of instigation, aiding or active participation by the accused in committing suicide by the victim, a mere allegation of unpleasant behaviour, harassment or dispute does not constitute abetment, unless they result in unbearable mental trauma leading directly to the act of suicide.

Counsel for the defacto complainant/opposite party no.2 submitted that the defacto complainant promptly lodged the FIR against the petitioner and as such there is sufficient reason to believe that the incident alleged in the FIR is not a concocted or frivolous story.

It was stated that the victim/deceased in spite of his best efforts, could not oust the petitioners from the house and was threatened by them and since one of the petitioners was a lady, the victim was also threatened to be implicated in false cases by the petitioners. She further contended that it is evident from the newspaper reporting that the petitioners with the help of police were carrying out honey trap business and other illegal activities in their rented accommodation.

She further argued that in the present case, the petitioners created such a situation that the victim/deceased was left with no other option than to commit suicide. The victim was under constant threat by the petitioners which constitutes the offence of abetting as provided under section 107 of the Indian Penal Code

Counsel for the State placed the Case Diary and submitted that there are sufficient materials collected during the investigation which clearly suggest that the party should go on trial to unearth the truth and this is not a fit case where the proceeding can be quashed by invoking the jurisdiction of the court under section 482 of the Code of Criminal Procedure.

Upon considering the submissions made by both parties, the court noted that under the definition of abetment to suicide under Section 306 IPC, a mere threat for implication in a criminal case would not suffice to prove the offence, but instead, there would need to be a positive act which led to the commission of suicide.

Thus, in finding that there was no such positive act in the present case, the court quashed the proceedings.

Case: Madusree Ghosh & Anr. Vs. The state of West Bengal and another

Case No: C.R.R. 4233 of 2017

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