
Praveen Kumar
January 27, 2025 at 11:11 AM
*Laxmi Das V. The State of W.B. (2025 SC)*
1. *Abetment of Suicide*: When S.306 IPC is r.w. S.107 IPC, it is clear that there must be (i) direct or indirect instigation; (ii) in close proximity to the commission of suicide; along with (iii) clear mens rea to abet the commission of suicide.
2. To attract the offence of abetment to suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity in time to the commission of suicide by the deceased. Such instigation or incitement should reveal a clear mens rea to abet the commission of suicide and should put the victim in such a position that he/she would have no other option but to commit suicide.
3. Even if the Mother of the Boy expressed her disapproval towards the marriage of her son 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 S.306 IPC.
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