To convict a person under Section 306 IPC, there must be evidence of instigation or abetment to commit suicide. Mere allegations of harassment or a strained relationship are not sufficient. The accused must have played an active role by instigating or aiding the commission of suicide. The act of the accused must have a positive effect in driving the victim to commit suicide. Without a clear mens rea and a direct act of instigation or aid, conviction under Section 306 IPC cannot be sustained.

ORDER :

Aparna, a student of S.N College, Shornur was found dead in a railway track at Nadakkavu near Tanur in Malappuram district.

2. Tanur Police registered Crime No.336/2017 under the caption 174 Cr.P.C. Later, the Police converted the FIR as provided in Section 154 Cr.P.C alleging offence under Section 306 of IPC against the petitioner based on the First Information Statement given by the father of Aparna.

3. The Police completed the investigation and submitted the final report before the jurisdictional Magistrate.

4. Heard Sri.Johnson Gomez, the learned counsel for the petitioner, Sri.R.Sreehari, the learned counsel for respondent No.2 and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that there are no ingredients to attract the offence under Section 306 IPC. It is submitted that continuation of the criminal proceedings against the petitioner would be an abuse of the process of the Court.

6. The learned Public Prosecutor contended that the allegations in the final report along with the material produced by the prosecution prima facie show that the petitioner had abetted the commission of suicide by Aparna and, therefore, the proceedings against the petitioner cannot be quashed at this stage invoking powers of the High Court under Section 482 Cr.P.C.

7. The crux of the prosecution allegations is as follows:

Aparna was a second-year degree student of S.N College, Shornur. The petitioner was a final-year degree student in the college. Aparna fell in love with the petitioner. After completing the course, the petitioner left the college in March 2017 and joined an Academy for Army training at Palakkad for pursuing a career in the Indian Military. Even after leaving the college, Aparna and the petitioner maintained their relationship. They continued contacting each other over the phone. Gradually, the petitioner started keeping away from the relationship. This caused severe mental pain to Aparna, who had ardent love for the petitioner. Due to the severe mental pain suffered by her, on 04.08.2017 she committed suicide by placing herself under a train on the railway track.

8. The learned counsel for the petitioner submitted that the allegations levelled against the petitioner in the final report do not make out the ingredients of the offence punishable under Section 306 of IPC.

9. Section 306 of IPC reads thus:

“306. Abetment of suicide.— If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

10. Abetment is defined in Section 107 of IPC, which is extracted below:

“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.

Illustration

A, a public officer, is authorised by a warrant from a Court of Justice to apprehend Z.B, knowing that fact and also that Cis not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here Babets by instigation the apprehension of C.

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 facilitate the commission thereof, is said to aid the doing of that act.”

11. The Code does not define the word ‘suicide'. ‘Suicide' reflects a “species of fear”. It implies an