Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | Crl.A. No.-001044-001044 – 2018 |
| Diary Number | 28158/2018 |
| Judge Name | HON’BLE MR. JUSTICE DIPANKAR DATTA |
| Bench | HON’BLE MR. JUSTICE DIPANKAR DATTA; HON’BLE MR. JUSTICE K.V. VISWANATHAN |
| Precedent Value | Affirmation of established law on abetment under Section 306 IPC |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Law (Abetment of suicide under IPC Section 306) |
| Questions of Law |
|
| Ratio Decidendi |
To convict under Section 306 IPC there must be an intention to instigate or encourage suicide—mere words in heat of moment or general quarrels do not suffice. The accused’s acts or omissions must create circumstances in which the deceased had no option but to end her life. In absence of specific overt acts or mens rea to provoke suicide, conviction cannot be sustained. |
| Judgments Relied Upon |
|
| Logic / Jurisprudence / Authorities Relied Upon by the Court |
|
| Facts as Summarised by the Court |
On 12.08.2008 the deceased poured kerosene on herself and ignited it after alleged prolonged insults, harassment and threats by the appellant and her family; she suffered 58% burns, made a statement (Ex.P-8) identifying the appellant, and died on 02.09.2008. Charges under IPC Sections 143, 147, 323, 504, 506, 306 and SC/ST Act were framed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | High Courts and Supreme Court benches in cases interpreting Section 306 IPC |
| Distinguishes | Cases where specific instigation or coercion has been proved from ordinary neighbourhood or domestic quarrels |
| Follows |
|
What’s New / What Lawyers Should Note
- Clarifies that general insults, name-calling or heated neighborhood quarrels, without deliberate instigation, do not amount to abetment under Section 306 IPC.
- Reinforces requirement of proof that the accused’s conduct left the victim with no reasonable alternative but suicide.
- Affirms that casual words uttered in anger, even if distressing, lack the mens rea to constitute instigation.
- Lawyers may cite this ruling to challenge Section 306 allegations based solely on omnibus statements of harassment.
Summary of Legal Reasoning
- Ingredients of Section 306 IPC: Abetment requires instigation as defined in Section 107 IPC—“to goad, urge forward, provoke, incite or encourage” with mens rea.
- Precedents Applied: Relied on Swamy Prahaladdas (1995) (casual words not instigation), Madan Mohan Singh (2010), Amalendu Pal (2010), Ramesh Kumar (2001), M. Mohan (2011), Mahendra Awase (2025).
- Evidence Scrutiny: The complainant’s and eyewitnesses’ accounts were omnibus and general; no specific overt act by appellant showing intent to compel suicide.
- Concurrent Acquittals: Appellant already acquitted under Sections 323, 504, 506 IPC and SC/ST Act—indicates lack of proof even for assault and intimidation.
- Conclusion: Absence of deliberate provocation or coercive act; victim was not left with no choice but suicide—Section 306 conviction unsustainable.
Arguments by the Parties
Petitioner (Appellant):
- The disputes were routine neighbourhood quarrels—no evidence of intention to provoke suicide.
- Exchanges over tuition noise and insults were mutual; no singular instigation by the appellant.
- Precedents require clear mens rea and deliberate encouragement, which the prosecution failed to prove.
Respondent (State):
- The prolonged harassment, caste-based insults, threats and physical blows by appellant’s family drove the victim to self-immolation.
- The complaint (Ex.P-8) and hospital-recorded statement established instigation to suicide under Section 306 IPC.
Factual Background
On 12 August 2008 the victim, an unmarried tutor, allegedly endured six months of verbal abuse and physical blows from her neighbour (appellant) and family over noise from tuition classes. That night she poured kerosene on herself and set herself alight, suffering 58% burns, was admitted at Bijapur Hospital and gave a recorded statement (Ex.P-8). She succumbed to injuries on 2 September 2008. The police charged five accused under multiple IPC sections and the SC/ST Act; only the appellant was initially convicted under Sections 306 IPC and SC/ST Act by the trial court.
Statutory Analysis
- Section 306 IPC (Abetment of Suicide): Requires proof of instigation—active encouragement or intentional provocation causing suicide.
- Section 107 IPC (Definition of Abetment): Instigation entails creating circumstances or employing words/actions that leave no option but suicide.
- No “reading down” or expansion was applied; the Court adhered to settled interpretations.
Alert Indicators
- ✔ Precedent Followed – Affirms established tests for instigation under Section 306 IPC.