Breaking Up or Refusing Marriage Doesn’t Count as Abetment of Suicide: Bombay HC Rules
The Nagpur bench of the Bombay High Court has ruled that breaking up a relationship or refusing to marry cannot be considered abetment to suicide under the law. This decision came while discharging a man accused of abetting the suicide of his partner following the end of their long-term relationship.
Justice Urmila Joshi Phalke, who presided over the case, noted that the breakup itself does not constitute instigation or provocation to commit suicide. “Merely refusing to marry cannot be equated to an intention to instigate or provoke suicide,” the court observed.
Case Background
The accused and the deceased were in a nine-year relationship. On December 3, 2020, the woman took her own life, leaving behind a suicide note that mentioned their relationship. Her father accused the man of promising marriage, engaging in a physical relationship, ending the relationship, and starting a new one, which allegedly led to her depression and subsequent suicide.
After an investigation, a chargesheet was filed under Section 306 of the Indian Penal Code (IPC) for abetment of suicide, based on the suicide note and WhatsApp conversations. The accused sought discharge, arguing that the evidence did not support the claim of abetment.
High Court’s Observations
The court found no evidence in the suicide note or chats that the accused provoked or instigated the victim. The relationship was consensual and based on mutual affection, with no promise of marriage as a precondition for their physical relationship.
The court stated, “There must be direct or indirect incitement to suicide, with the accused playing an active role in instigation or facilitation. The breakup occurred in July 2020, while the suicide happened in December 2020, indicating no immediate connection.”
Legal Requirements for Abetment of Suicide
For an offence under Section 306 IPC, the prosecution must prove the accused’s intent to instigate or aid the suicide. Justice Phalke emphasized, “Specific abetment with the intention to provoke suicide is required under the law.”
The High Court concluded that the evidence did not establish such intent and overturned the Sessions Court’s decision, discharging the accused.
Case Title
Vaibhav Mawale vs. State of Maharashtra [CRA 174 of 2024]
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