Insulting Deceased By Using Abusive Language Will Not By Itself Constitute Abetment Of Suicide: Kerala High Court

The Kerala High Court has allowed an application for anticipatory bail in a matter relating to abetment of suicide, stating that there should be evidence to suggest, prima facie, that the accused intended by such acts to instigate the deceased to commit suicide.

“The act of the accused, however, insulting the deceased by using abusive language will not, by itself, constitute the abetment of suicide” observed Justice A Badharudheen.

The petitioners, who are the 1st and 2nd accused in a matter under Section 306 read with Section 34 of the Indian Penal Code, moved this court with an application for anticipatory bail. The deceased, an assistant public prosecutor, had committed suicide on the 21st of January 2024. The suicide note revealed the 1st accused and the 2nd accused as the reason for the victim's death resulting in a crime being registered under Section 304 (abetment of suicide) read with Section 34 of the Indian Penal Code.

The counsel appearing for the 1st petitioner maintained his innocence, arguing that on perusal of the prosecution records, the official duties within the ambit and power of the 1st accused while supervising the victim are stated to be the reasons for committing suicide. They claimed that the 1st accused was required to prepare confidential reports of those officials working under them as part of their official duties as supervisors. 

The counsel for the 2nd accused also pointed out that the prosecution records do not justify any intention instigation at the instance of the 2nd accused in the matter of the victim's suicide.

The court referred to the provisions under Section 306 of the IPC, clarifying that the ingredients to constitute an offence under this section are 1) the abetment and 2) the intention of the accused to aid or instigate or abet the deceased to commit suicide. The court noted that in the absence of a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

Justice A Badharudheen added that the arrest, detention and custodial interrogation of the two accused were not necessary to effectuate a meaningful interrogation of this crime.

As such, the court allowed the application of anticipatory bail upon imposing certain conditions:

Case Citation: 2024 LiveLaw (Ker) 250

Case Title: Syamkrishna KR and anr. v. State of Kerala and anr.

Case Number: Bail Appl. No. 2578 of 2024

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