38.6c New Delhi, India, Saturday, August 23, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Threat of false rape allegations constitutes abetment of suicide: Madhya Pradesh HC [Read Order]

By Saket Sourav      07 June, 2024 12:06 PM      0 Comments
Threat of false rape allegations constitutes abetment of suicide Madhya Pradesh HC

Madhya Pradesh: The Madhya Pradesh High Court has recently dismissed a petition seeking the quashing of criminal proceedings initiated under Section 306 (abetment of suicide) of the Indian Penal Code (IPC). The court held that a constant threat by the accused to falsely implicate the deceased/victim in a case of rape and eve-teasing amounts to abetment of suicide.

A single-judge bench of Justice Gurpal Singh Ahluwalia found that sufficient material existed for the prosecution of the applicants for the alleged offence under Section 306 IPC.

A constant threat to falsely implicate the deceased in a case of rape and eve-teasing and to send him to jail would not be a mere empty threat but would demean and destroy his self-esteem as well as his career by branding him as a criminal of committing a heinous crime of rape. By ensuring that the deceased is lodged in jail on the basis of false allegations, if the deceased was afraid and apprehensive of the destruction of his self-esteem and respect in society, then on account of daily humiliation at the hands of the accused persons, if the deceased committed suicide, then prima facie an offence under Section 306 of IPC would be made out, the court said.

The court was hearing a petition under Section 482 of the Criminal Procedure Code filed by the applicants for quashing the criminal case registered against them at Police Station Bamhani, District Mandla, based on a suicide note left behind by the deceased.

FACTS:

The facts of the case are that information was received that the deceased had committed suicide by hanging himself. A suicide note written by the deceased was recovered, alleging that the applicants and others had lodged multiple false cases against him and his mother, spoiling his career. The deceased further alleged that applicant No. 1, Dr. Shivani Nishad, had threatened to falsely implicate him in a case of rape and eve-teasing and send him to jail.

The statements of witnesses, including the deceased's mother, corroborated the allegations made in the suicide note, wherein she stated that the applicants and others used to taunt her son daily, alleging that he was a shameless person for not dying despite the registration of cases against him.

ARGUMENTS:

The counsel for the applicants relied on judgments of the Supreme Court, arguing that the ingredients of Section 107 (abetment) of the IPC were not made out, and the deceased was hypersensitive to ordinary petulance and discord in domestic life.

The counsel for the State submitted that the continuous threats and taunts by the applicants had created a situation where the deceased was left with no option but to end his life. It was further argued that the deceased was under continuous threat of being falsely implicated in a case of rape and eve-teasing, and when the threatening was to the extent of demeaning and destroying his self-esteem, it would amount to abetment of suicide. Reliance was also placed on the Supreme Court's judgment in UDE Singh and Others vs. State of Haryana.

DECISION:

The court, after considering the law governing the offence of abetment of suicide, and hearing both parties, observed that the continuous threat to falsely implicate the deceased in a case of rape and eve-teasing would not be a mere empty threat but would demean and destroy his self-esteem and career.

The court noted that as per the law explained in Chitresh Kumar Chopra v. State, Ramesh Kumar v. State of Chhattisgarh, and Amalendu Pal v. State of West Bengal, instigation need not be direct but can be inferred from the circumstances created by the accused which left the deceased with no option but to commit suicide.

The court also held that if the deceased committed suicide due to daily humiliation and the apprehension of being branded as a criminal and being jailed based on false allegations, a prima facie case under Section 306 IPC would be made out against the applicants.

In conclusion, the court found sufficient material for the prosecution of the applicants for the alleged offence and dismissed the petition.
 

[Read Order]



Share this article:

About:

Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents Madhya Pradesh High Court has ordered filing of complaint against petitioner for submitting fabricated documents

The Court pointed out one medical document in particular, wherein there was mentioning of labour pains and contradicted that since petitioner is a male, it makes no sense. In view of the above, the Court opined that the Petitioner unabashedly filed fake documents with utter disdain and disregard for the Court.

Glorification of Women versus Belligerent Female Foeticide in India Glorification of Women versus Belligerent Female Foeticide in India

In Voluntary Health Assn. of Punjab v. Union of India, (2013) 4 SCC 1, the Supreme Court in its watershed judgment on female foeticidedecided it to be the most aggravated form of dehumanization of the human race. The court was observed to have stated that the"Law prohibits it; Scriptures forbid it; philosophy condemns it; ethics deprecate it; morality decries it, and social science abhors it. Its time the executive pulled up its socks and tightened the noose around implementation of the PC & PNDT Act. The duality around women with exhalation of deities and contrasting blatant disregard for their basic human rights needs to break the confounds of mere academic debate and reinforce the tenets on which the Constitution of India rests.

High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video] High Court Prohibits Compulsion of Hijab and Islamic Texts on Students of Different Faiths at Ganga Jamuna School [Watch Video]

Madhya Pradesh High Court's decision regarding Ganga Jamuna School: Principal and teacher prohibited from enforcing 'hijab' on students of Hindu and Jain faiths. Learn about the court's directives and the case details.

Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case Supreme Court allows Jr. Judge appointment to woman denied the same due to dog bite case

The Supreme Court of India overturns Madhya Pradesh High Court's decision, ordering the appointment of a woman who was previously denied the position of Civil Judge (Junior Division) due to a past minor offence related to a dog bite case. The Court emphasizes fairness and justice in its landmark ruling.

TRENDING NEWS

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM

TOP STORIES

sc-dismisses-plea-against-quashing-fir-in-case-of-suicide
Trending Judiciary
SC dismisses plea against quashing FIR in case of suicide of then MP Mohan Delkar

SC dismisses plea against quashing of FIR in ex-MP Mohan Delkar suicide case; Bombay HC’s 2022 order stands, no interference by Supreme Court.

18 August, 2025 12:21 PM
no-automatic-arrest-on-rejection-of-anticipatory-bail-supreme-court
Trending Judiciary
No Automatic Arrest on Rejection of Anticipatory Bail: Supreme Court [Read Order]

SC clarifies that rejection of anticipatory bail doesn’t mean automatic arrest; custody depends on investigation, conduct, and case facts.

18 August, 2025 12:27 PM
court-holds-surgeon-guilty-of-indulging-in-black-magic-during-hearing-sentenced-till-rising-of-court
Trending Judiciary
Court holds Surgeon guilty of indulging in black magic during hearing; sentenced till rising of court [Read Order]

Delhi court convicts surgeon for disrupting proceedings with ‘black magic’; sentenced till rising of court with ₹2,000 fine after apology.

18 August, 2025 12:40 PM
want-bravehearts-to-be-in-forces-sc-for-giving-insurance-cover-to-cadets-discharged-during-military-training
Trending Judiciary
'Want bravehearts to be in forces,' SC for giving insurance cover to cadets discharged during military training

SC seeks insurance cover, rehab and higher aid for cadets injured during military training, stressing need to support bravehearts joining armed forces.

18 August, 2025 04:00 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email