THERE SHOULD BE CLEAR MENS REA TO COMMIT OFFENCE IN RESPECT OF ABETMENT IN SUICIDE
Decision by High Court:
Court observed that it becomes candidly clear that there was no abetment and instigation caused by the petitioner to drove her wife to commit suicide. Although witness stated that petitioner having illicit relation with another woman Meena and even on objecting did not stop these relation due to which the deceased was depressed. After that deceased committed suicide but that doesn’t amounts to abetment or instigation within the purview of Section 107 of IPC.
Court held that in order to convict a person under Section 306, IPC there has to be clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide and the act must have been intended to push the deceased into such a position that he/she committed suicide.
However in the Court opinion mere harassment of wife by husband due to the differences per se doest not attract Section 306 read with section 107 of the Code, if the wife commit suicide.
Court held that there was no overt act that fall within the purview of Section 107 and 109 of the Code abd therefore, prima facie no offence punishable under Section 306 of the Code was made out against the petitioner.
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