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VIKRAM NATH, K. V. VISWANATHAN
Prabhu – Appellant
Versus
State Rep by the Inspector of Police – Respondent
ORDER
1. Delay condoned. Leave Granted.
2. This Appeal arises from the judgment dated 29.07.2022 delivered by the High Court of Judicature at Madras in Crl. O.P. No.8327 of 2021. By the said judgment, the High Court has refused to quash the criminal proceedings initiated against the appellant under Sections 417, 306 of the Indian Penal Code [‘IPC’] read with Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 [‘TNPHW Act’]. The substance of the allegation in the charge-sheet is as follows:
To convict for abetment of suicide, there must be clear evidence of instigation or direct involvement in the act leading to suicide, which was absent in this case.
To establish abetment of suicide under Section 306 IPC, there must be direct acts of incitement closely linked to the suicide, and mere denial of marriage does not constitute abetment.
To convict for abetment of suicide under Section 306 IPC, there must be clear evidence of instigation or active involvement by the accused, which was not established in this case.
To establish abetment of suicide under Section 306 IPC, there must be clear evidence of the accused's intention to instigate the suicide, which was absent in this case.
To establish abetment under Section 306 IPC, there must be clear intent and direct actions by the accused that compel the victim to commit suicide; emotional distress alone is insufficient.
To establish abetment of suicide under Section 306 IPC, there must be clear instigation or intentional aid; mere suspicion or threats are insufficient.
To establish abetment of suicide under IPC Section 306, there must be clear evidence of instigation or a direct act by the accused that leads the victim to take their life.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or aiding, which was absent in this case.
Abetment of suicide requires clear connection between accused's actions and the suicide, with established mens rea of instigation or provocation.
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