NEW DELHI: The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under section 306 of the Indian Penal Code (IPC). A bench of Justices B V Nagarathna and Satish Chandra Sharma made the observation while quashing a chargesheet against a woman who was accused of abetting the suicide of another woman who was allegedly in love with her son.
The allegations were based on disputes between the deceased and the appellant’s son, who had refused to marry her. The appellant was accused of opposing the marriage and making disparaging remarks against the deceased.
The court said even if all evidence on record, including the chargesheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant.
“We find that the acts of the appellant are too remote and indirect to constitute the offence under section 306, IPC. There is no allegation against the appellant of a nature that the deceased was left with no alternative but to commit the unfortunate act of suicide,” the bench said.
The court said it is discerned from the record that the appellant, along with her family, did not attempt to put any pressure on the deceased to end the relationship between her and the appellant’s son.
“In fact, it was the deceased’s family that was unhappy with the relationship. Even if the appellant expressed her disapproval towards the marriage of Babu Das and the deceased, it does not rise to the level of direct or indirect instigation of abetting suicide.
“Further, a remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to the edge in order to sustain the charge of section 306, IPC,” the bench said.
