The Karnataka High Court recently overturned a lower court’s conviction of a woman and her partner for abetment of suicide, ruling that the husband’s death by suicide, caused by his wife’s illicit relationship, does not meet the legal criteria for abetment under Section 306 of the Indian Penal Code (IPC).
The case involved the woman’s husband, who took his own life after discovering her extramarital relationship. However, Justice Shivashankar Amarannavar, who presided over the case, ruled that the mere existence of the illicit relationship, or even the accused telling the husband to “go die,” was not sufficient to establish abetment of suicide.
The High Court pointed out that while the wife and her partner had made insensitive remarks to the deceased, there was no evidence to suggest that they intentionally instigated him to take his life. The court noted that simply telling someone to die, without direct or deliberate encouragement to commit suicide, does not fulfill the requirements for abetment under Section 306 IPC.
“Accused Nos. 1 and 2 did not intend for the deceased to commit suicide. Just because they told him to go die does not mean it was abetment. It appears the deceased was sensitive about his wife’s relationship with the co-accused, and that may have led him to take his own life. However, the evidence does not prove that the accused were responsible for his decision to end his life,” the court said in its judgment.
As a result, the High Court quashed the earlier conviction of the woman, Prema, and her partner, Basavalinge Gowda. Both were acquitted of all charges related to the suicide.
This ruling reinforces that for a conviction under Section 306, there must be clear intent and direct actions that provoke or encourage someone to commit suicide. In this case, the court found that the husband’s suicide was due to his emotional reaction to the relationship, not because of direct instigation by the accused.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
