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SANJAY VASHISTH
Sonika Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sanjay Vashisth, J.
1. Prayer in this petition, filed under Section 482 of the BNSS , 2023 (earlier Section 438 Cr.P.C.), is for grant of anticipatory bail to the petitioner, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-
| Name & age of Petitioner(s) | FIR No. | Date | Section(s) | Police Station | District |
| Sonika Sharma aged about 34 years | 0153 | 29.07.2024 | 108 of BNS , 2023 | Khanna City-2 | Khanna |
2. Complainant – Yogesh Sharma (father-in-law of the petitioner) got lodged the aforementioned FIR by recording the facts that his son Gaurav Sharma, aged 36 years, performed marriage with Sonika Sharma (petitioner herein) on 28.01.2019. Gaurav Sharma was working as Project Manager in IT Company at NOIDA, and he had left home on 02.07.2024, without informing anyone, in his car bearing registration No. DL-9CU-3253, make Honda City. On 03.07.2024, a call was received by the complainant, informing him that Gaurav Sharma was found near Khanna in the car, after consuming poisonous medicine and is in unconscious condition, but later on, died in Civil Hospital, Khanna. On 04.07
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.
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 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 necessity of mens rea for instigation and the requirement of concrete evidence for establishing the offence of abetment of suicide under Section 306 of the IPC.
The main legal point established in the judgment is that the mere conduct of a spouse, even if not up to the expectations of the other spouse, does not necessarily constitute abetment of suicide, and....
The main legal point established in the judgment is the requirement of mens rea and the need for evidence capable of suggesting that the accused intended to instigate the deceased to commit suicide. ....
Establishing criminal liability under Section 306 IPC requires proof of mens rea and evidence of instigation, which was not present in this case.
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible –....
To establish abetment of suicide under IPC, there must be clear evidence of instigation or intent to drive the deceased to suicide; mere harassment is insufficient.
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