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.

JUDGMENT :

(Shampa Dutt (Paul), J.)

1. The present revisional application has been preferred against an order no. 8 dated 05.09.2023, passed by the Learned Additional Sessions Judge, 2nd Court, Howrah in Case No. ST No. 115 of 2023 corresponding to G.R Case No. 47 of 2017 arising out of Liluah Police Station Case no. 237 of 2017 dated 12.09.2017 under Section 306 of the Indian Penal Code, rejecting the application for discharge of the petitioner herein. The charge faced by the petitioner is under Section 306 of the Indian Penal Code.

2. The written complaint filed by the father of the deceased before the concerned police station on 12.09.2017 contains the allegations as follows:-

"That my daughter Miss Sanchita Chatterjee made a suicide by taking poisonous medicine on 11.09.2017 at around 9.30 p.m. She had died in Medical College Hospital. I am also informing you that a person named Dr. Kaushik Roy, S/O Kalyan Roy residing at Kalyani and practising at NRS Hospital is responsible for this accident. At night she had a conversation with him. I think that Dr. Kaushik Roy might be responsible for this accident."

3. The petitioner’s case is that in the year 2011 he helped the victim get admission in the Homeopathy College after which the victim expressed her desire to marry the petitioner.

4. The petitioner expressed his inability to marry the victim and left his job at Rishra Seva Sadan in 2017, where he had met the victim.

5. On 11.09.2017 the petitioner got information that the victim had committed suicide.

6. The de facto complainant in spite of service has not appeared before this Court. The learned Public Prosecutor has placed the case diary, from wherein it appears that the victim prima facie was in love with the petitioner and on being denied marriage, committed suicide.

7. The Supreme Court in Prabhu vs The State Rep By The Inspector Of Police, Criminal Appeal No. ……. of 2024 @ SLP (Crl.) No. ______/2024 (@ SLP (Crl.) Diary No. 39981/2022), on 30 January, 2024, it was held:-

“7. Section 306 of the Indian Penal Code talks about abetment of suicide and states that whoever abets the commission of suicide of another person, he/she shall be punished with imprisonment of either description for a term not exceeding ten years and shall also be liable to fine.

8. Abetment is defined in Section 107 IPC and it reads as follows:

“107. Abetment of a thing. —A person abets the doing of a thing, who— First.— Instigates any person to do that thing; or Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.”

9. In a recent judgment of this Court in Kamalakar vs. State of Karnataka in Criminal Appeal No. 1485 of 2011 [decided on 12.10.2023], one of us (Vikram Nath J.) explained the ingredients of Section 306 IPC. The Court has held as follows:

"8.2. Section 306 IPC penalizes abetment of commission of suicide. To charge someone under this Section, the prosecution must prove that the accused played a role in the suicide. Specifically, the accused's actions must align with one of the three criteria detailed in Section 107 IPC. This means the accused either encouraged the individual to take their life, conspired with others to ensure the person committed suicide, or acted in a way (or failed to act) which directly resulte