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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Jitu Dutta, son of Sri Bipul Das – Appellant
Versus
State of Assam, represented by Public Prosecutor – Respondent
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State, Mr. D. Talukdar and Mr. NNB Choudhury, learned counsel for the informant/respondent No.2.
2. This is an application under Section 482 of the BNSS, 2023 for grant of pre-arrest bail to the petitioner in connection with Jalukbari Police Station Case No. 501/2025 under Section 74/117(2)/78 of BNS, 2023 added Section 108 of BNS, 2023.
3. This case arises out of an unfortunate incident wherein a young lady of about 28 years took the extreme step of ending her life.
4. On 16.12.2025, the informant lodged an FIR before the In-Charge of Maligaon Police Out Post stating about the suicide of his daughter, namely, Nabanita Sarma on 13.12.2025. The informant mentioned that police had seized from the place of occurrence the suicide note written by his daughter before she committed suicide in which she blames a boy named Jitu Dutta entirely for her suicide. On the basis of the suicide note the informant made enquiry and it came to know that Nabanita Sharma was being physically and mentally tortured by Jitu Dutta. Moreover, on 12
Mens rea and specific instigation are required for abetment of suicide under BNS; mere harassment does not suffice.
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.
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....
The main legal point established is that for conviction under Section 306 IPC, there must be a clear mens rea and an active act or direct act leading to suicide, and mere harassment without positive ....
The court ruled that mere familial disputes do not constitute abetment of suicide; clear evidence of active instigation is required for prosecution under Section 108 of BNSS, 2023.
Mens rea and direct instigation are essential elements for establishing abetment of suicide under Section 108; mere allegations of harassment are insufficient.
The need for a clear mens rea and an active act to establish abetment under Section 306 IPC, and the consideration of trial delay due to the pandemic as a factor in granting bail.
The main legal point established in the judgment is the requirement of a positive act on the part of the accused to instigate or aid in committing suicide, along with the necessity of mens rea and an....
For abetment of suicide under IPC Section 306, clear and proximate evidence of instigation or aid from the accused is essential; mere allegations in a civil dispute are insufficient.
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