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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANISHA BATRA
Satnam Kaur – Appellant
Versus
State of Punjab – Respondent
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 was lodged by his sister. On 25.06.2025, his dead body was found in a canal near village Dhund. By alleging that the petitioner in connivance with the co-accused had abetted suicide by the victim, he prayed for taking action in the matter.
3. After registration of the FIR, invest
Mens rea and direct instigation are essential elements for establishing abetment of suicide under Section 108; mere allegations of harassment are insufficient.
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.
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 court emphasized the necessity of interrogation under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in cases involving allegations of cruelty leading to suicide.
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