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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Satnam Kaur – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner's request for bail under bnss (Para 1 , 2 , 3) |
| 2. arguments regarding sufficiency of evidence for bail (Para 4 , 5) |
| 3. court's reasoning on abetment of suicide laws (Para 6 , 7) |
| 4. order granting bail while safeguarding trial integrity (Para 8 , 9 , 10) |
JUDGMENT
Manisha Batra, J. (Oral).
1. The present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of regular bail in case bearing FIR No.0126, dated 25.06.2025, registered under Sections 108, 3(5) of the BNS, at Police Station Division 'B', Amritsar.
2. The aforementioned FIR was registered on the basis of statement recorded by the complainant – Namberdar Ranjit Singh, alleging that his cousin brother Kartar Singh was married with the present petitioner. There was matrimonial discord between the petitioner and Kartar Singh, due to which quarrels used to take place between them, and Kartar Singh used to remain tense and perplexed. On 21.06.2025, the petitioner and her sister Arwinder Kaur had misbehaved with Kartar Singh by hurling abuses and assaulting him, due to which he left home and did not return. A missing report
Mens rea and direct instigation are essential elements for establishing abetment of suicide under Section 108; mere allegations of harassment are insufficient.
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 absence of evidence linking the accused to the suicide negates the requirement for continued detention.
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.
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