NEW DELHI: The Supreme Court on Tuesday said a woman's disapproval of her son's love affair with a girl can't be treated as an act of direct or indirect instigation of abetment of suicide.
A bench of Justices B V Nagarathna and Satish Chandra Sharma said even a remark such as asking the deceased to die if she cannot live without marrying her lover will also not gain the status of abetment.
SC Clarifies Abetment of Suicide: Mere Disapproval of Son’s Affair Not Sufficient
"There needs to be a 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 court said.
The bench quashed criminal proceedings against Laxmi Das pending in West Bengal's Sealdah court over a 2008 incident, related to the death of the girl due to injuries sustained after jumping in front of a train.
Supreme Court Ruling: No Evidence of Instigation in Section 306 IPC Case
Referring to the police investigation, the court said the appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das. In fact, it was the deceased’s family that was unhappy with the relationship.
"Even if the appellant expressed her disapproval towards the marriage of Babu Das and the deceased, it does not rise to the level of direct or indirect instigation of abetting suicide. Further, a remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a 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 bench said.
The High Court quashed proceedings against her husband and the other son but rejected the plea by her. The police had named four persons in the charge sheet.
Considering her appeal, the bench said. "Even if all evidence on record, including the charge sheet and the witness statements, are taken to be correct, there is not an iota of evidence against the appellant."
The court found itself unable to agree with the High Court and Trial Court's views. The bench said when Section 306 IPC is read with Section 107 IPC, it is clear that there must be direct or indirect instigation; in close proximity to the commission of suicide; along with clear mens rea to abet the commission of suicide.
In the case, the court noted the acts of the appellant are "too remote and indirect" to constitute the offence under Section 306 IPC.
"There is no allegation against the appellant of a nature that the deceased was left with no alternative but to commit the unfortunate act of committing suicide," the court said.
