Mere Harassment For Recovery Of Loan Does Not Amount To Abetment To Suicide: Andhra Pradesh High Court

The Andhra Pradesh High Court recently quashed an abetment to suicide case under Section 306 of IPC stating that a mere allegation of harassment, without intention on part of the accused to encourage the deceased to commit suicide would not constitute the offence.

The bench of Justice R.Raghunandan Rao said that, “One common thread (to constitute abetment to suicide) is the requirement of intentionally pushing the deceased to commit suicide. Mere harassment would not amount to an offence under Section 306 of Indian Penal Code”.

Brief Facts Of The Case

In August 2016, the deceased purportedly took her own life by writing a suicide note that included a list of creditors who she claimed had been harassing her for repayment of their money. The note explicitly stated that the reason for her suicide was the unbearable harassment inflicted by these creditors. Furthermore, the petitioners, who are husband and wife, were specifically named in the same suicide note.

A charge-sheet under Section 306 r/w 34 of IPC was filed and the same has been taken cognizance by the Court in Guntur District as P.R.C.No.30 of 2017.

It was found by the Court that the petitioners were accused because the person who died had named them in her suicide note as the ones who were harassing her to repay their money.

The petitioners filed a Criminal Petition under Section 482 Code of Criminal Procedure, 1973 before the High Court to quash the case.

The counsel appearing for the petitioners contended that the petitioners had not in any manner committed an offence under Section 306 of IPC.

Analysis By The Court

After hearing both the sides the Court referred to C.B.I Vs. V.C. Shukla where the Supreme Court had explained that aiding suicide by a person can only be by positive acts of assisting in procuring the material required for suicide. For example, a person supplying rope or other material for hanging when a person expresses their desire to commit suicide by hanging, or supplying a weapon or material like drugs, poison, etc. when the person intending to commit suicide asks for such aid. Also, if a person suggests the modes in which suicide can be committed, such as jumping into a river, lake, or well, etc. to a person who intends to commit suicide.

The High Court opined that in the present case the allegations against the petitioners are that they had been harassing the deceased lady for recovery of the loans and advances by them. There are no details of the said harassment except the fact that the deceased had stated so in her suicide note. In the circumstances, the only allegation against the petitioners is an allegation of general harassment for recovery of their money. Such harassment would not fall under Clause-1 & 2 of the above interpretation of the term 'Abetment'. Clause-3 requires an intention on the part of the petitioners to encourage the deceased person to commit.

The Court noted that there is no allegation against the petitioners of having done anything with an intention of encouraging the deceased lady to commit suicide.

“All the Judgments cited by the learned counsel for the petitioners had gone into various facets of what would constitute abetment to suicide. One common thread is the requirement of intentionally pushing the deceased to commit suicide. Mere harassment would not amount to an offence under Section 306 of Indian Penal Code,” said the court.

In light of the above the Court held that the allegations in the charge-sheet do not make out any case of abetment by the petitioners, under Section 306 of IPC and consequently, Criminal Petition is allowed.

Case Title- Gadipudi Anitha v State of Andhra Pradesh

Citation: 2023 LiveLaw (AP) 13

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