Mere quarrel or harassment without any positive role on the part of the accused at the time of committing suicide, does not amount to an offence under Section 306 IPC.

The Hon’ble  Supreme Court of India quashed and set aside the impugned judgment and order of the High Court of Judicature at Madras, who had confirmed the judgment and order of the learned trial Court convicting the appellant/accused under section 306 of Indian Penal Code, 1860 (Abetment of suicide) and Section 4(b) of Tamil Nadu Prohibition of Harassment of Women Act, 1998 (Harassment suicide).

The Court, after hearing the appellant’s counsel, observed that the High Court as well as the learned trial Court have committed an error in convicting the appellant/accused under Section 306 IPC without any ingredients of the said section being satisfied. There was no other material on record which indicates abetment and record to show that he played active role of instigation, but was solely convicted on the ground that there was a quarrel on the day of occurrence.

                                                          

The State’s counsel submitted that husband and wife, who have been married for 25 years, used to quarrel frequently because of the illicit relationship he was having with another woman that led the wife to commit suicide.

On hearing the facts from both the respective counsel, the Hon’ble Supreme Court observed that the High Court and learned trial Court have  indeed committed error by convicting the appellant. It is not proper to consider that the appellant has driven the deceased wife to commit suicide by consuming pesticide when he himself committed suicide by consuming the same but fortunately he survived after four days of hospitalization.

Moreover  the marriage between deceased and appellant occurred 25 years back, therefore the presumption under Section 113-A of the Evidence Act does not arise.

Now as per section 306 IPC if any person instigates other person to commit suicide and as a result of such instigation the other person commits suicide, he shall be liable to punishment for abetment of suicide. In order to bring a case within the provision of section 306, there must be a case of suicide and in the commission of the said offence, the person have played an active role by an act of instigating or by doing a certain act to facilitate the commission of suicide. The Apex Court reiterated to the view in case  Amalendu Pal vs. State of West Bengal(2010) that  mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the suicide would not amount to an offence under Section 306.

On the basis of fact and circumstances available on record, the Hon’ble Supreme Court allowed the appeal and quashed and set aside the judgment and order and accordingly discharged the bail bonds and set free.

By  Justice M.R. Shah and Justice Aniruddha Bose.

Case: Velladurai vs. State (Criminal Appeal no. 953 of 2021.

DOJ: 14.09.2021.