When prosecution for abetment to commit suicide is liable to e quashed?
“27. This Court in Chitresh Kumar Chopra v. State (Govt. of
NCT of Delhi) (2009) 16 SCC 605 had an occasion to deal with
this aspect of abetment. The Court dealt with the dictionary
meaning of the words "instigation" and "goading". The Court
opined that there should be intention to provoke, incite or
encourage the doing of an act by the latter. Each person's
suitability pattern is different from the other. Each person has
his own idea of self esteem and self respect. Therefore, it is
impossible to lay down any straitjacket formula in dealing with
such cases. Each case has to be decided on the basis of its own
facts and circumstances.
28. Abetment involves a mental process of instigating a
person or intentionally aiding a person in doing of a thing.
Without a positive act on the part of the accused to instigate or
aid in committing suicide, conviction cannot be sustained. The
intention of the legislature and the ratio of the cases decided by
this Court is clear that in order to convict a person under
Section 306 IPC there has to be a clear mens rea to commit the
offence. It also requires an active act or direct act which led the
deceased to commit suicide seeing no option and that act must
have been intended to push the deceased into such a position
that he committed suicide.
17. The Supreme Court in the case of Gangula Mohan Reddy v. State
of A.P. reported in 2010 All MR (Cri) 615 : AIR 2010 SC 327 held that mens
rea to commit the offence, must be present for proving the offence of abetment
of suicide. The Supreme Court held as under:
“20. Abetment involves a mental process of instigation a
person or intentionally aiding a person in doing of a
thing. Without a positive act on the part of the accused to
instigate or aid in committing suicide, conviction cannot
be sustained.
The Supreme Court also held that it is not possible to lay down any
formula in dealing with such cases.”
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2622 OF 2012
Raviraj Ramchandra Deshpande ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
CORAM:- REVATI MOHITE DERE, J.
DATED :- JUNE 18, 2014
Citation;2016 ALLMR(CRI)1420
https://www.lawweb.in/2016/05/when-prosecution-for-abetment-to-commit.html
