Calling Husband Infertile or Impotent Not Abetment to Suicide: Supreme Court
The Supreme Court of India has ruled that calling a husband “impotent” or infertile and using abusive language during a marital dispute cannot be treated as abetment to suicide.
A bench of Justices Abhay S. Oka and A.G. Masih quashed criminal proceedings against the wife and her relatives in a case under Section 306 of the IPC. The Court said that mere insults or offensive remarks do not amount to instigation for suicide.
The case began after a husband died by suicide and left behind a note alleging that his in-laws harassed him and called him impotent while taking his wife to her parental home. Based on this, an FIR was filed against the wife’s family.
However, the Supreme Court observed that the suicide happened almost a month after the alleged humiliation. During this period, there was no contact between the deceased and the accused. The bench noted that there was no direct inducement, conspiracy, or persistent harassment that could legally establish abetment.
The judges clarified that for abetment under Section 107 IPC, there must be clear evidence of instigation, conspiracy, or intentional aid. In this case, none of these ingredients were present.
The Court stated:
- Hurtful words alone cannot be treated as abetment.
- Mens rea (criminal intent) cannot be assumed; it must be evident.
- Without a positive act of instigation or assistance, an abetment charge cannot stand.
Accordingly, the Supreme Court allowed the appeal and set aside the abetment charges against the wife and her relatives.
Case Title: Shenbagavalli and Others vs. The Inspector of Police, Kancheepuram District and Another
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