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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Sushila Devi W/O Lakshmi Sah @ Laxmi Saha – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. legal definitions and criteria for abetment. (Para 8) |
| 2. court's reasoning based on prior judgments. (Para 9 , 10) |
| 3. bail granted under specified conditions. (Para 12 , 13) |
ORDER :
JITENDRA KUMAR, J.
Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Barh P.S. Case No. 207 of 2025 dated 17.03.2025 registered for the offences punishable under Sections 108 and 3(5) of B.N.S. , 2023.
3. As per allegation, the son of the informant committed suicide at night at 1:00 AM in his own house on 17.03.2025. The father of the deceased came to know about the suicide when two friends of his son came to his house saying that the deceased has sent one message on mobile that he is committing suicide due to being fed up with harassment caused by his wife, mother-in-law and son-in-law. When the father of the informant along with friends came to the room of the deceased, they found the room locked and when they entered into the room, he was hanging from the fan. The police was called on dial number 112. The police came and door was opened and the son of
To establish abetment of suicide, instigation, conspiracy, or aid must be proven, which was not established in this case.
A person can only be charged with abetment of suicide if it is proved that their actions intended to cause the victim to commit suicide, not merely for harassment.
The elements of abetment of suicide require direct provocation or instigation, not merely emotional expressions from a suicide note.
To establish abetment of suicide, there must be clear mens rea and specific intent on the part of the accused, which was lacking in this case.
Mens rea and specific instigation are required for abetment of suicide under BNS; mere harassment does not suffice.
For abetment of suicide, intention of the accused to provoke suicide must be established; mere harassment does not suffice.
Mens rea and direct instigation are essential elements for establishing abetment of suicide under Section 108; mere allegations of harassment are insufficient.
The court emphasized that to establish abetment of suicide, the prosecution must demonstrate mens rea, showing direct or indirect acts leading the victim to suicide, and mere harassment is insufficie....
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