Abetment of suicide requires intentional instigation with mens rea; mere association is insufficient for custody.

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.730 of 2025 of Perumbavoor Police Station, Ernakulam, registered for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

3. According to the prosecution, on 16.04.2025, a lady by name Smt.Ramseena, aged 30 years, committed suicide by hanging herself in the bedroom, at around 12.00 p.m. Initially, the crime was registered under Section 194 of the BNS S. Subsequently, during the course of investigation, the offence was altered to Section 108 of and petitioner has been arrayed as an accused alleging him to have abetted the commission of suicide.

4. Sri. P. Sanjay, the learned counsel for the petitioner contended that the entire prosecution allegations are false and petitioner has no role in the suicide committed by the deceased. According to the learned counsel, even though a suicide note is alleged to have been retrieved from the bedroom of the deceased, the same cannot by itself indicate that petitioner had abetted the commission of suicide. The learned counsel referred to the decision in Mahendra Awase v. The State of Madhya Pradesh [ (2025) 4 SCC 801 ] to canvass the proposition that mere reference to a name in a suicide note cannot amount to abetment of suicide.

5. Smt. Sreeja V., the learned Public Prosecutor, on the other hand contended that the allegations are serious and the deceased had specifically mentioned that the reason for her suicide is on account of petitioner's involvement and hence custodial interrogation is necessary.

6. I have considered the rival contentions and have also perused the case diary.

7. Petitioner and the deceased were acquainted during their school days. Subsequently, through social media, they renewed their acquaintance. There are materials to indicate that they were communicating with each other on a regular basis. Petitioner even conceded that he had extended financial help to her several times. The copy of the suicide note which was recovered from the place where the deceased was found hanging, prima facie, indicates some relationship between the petitioner and the deceased. No materials have been collected so far by the prosecution, to indicate that petitioner had instigated or intentionally aided the commission of suicide. Of course, those are matters to be concluded after investigation. However, in the absence of any material to prima facie indicate that petitioner had instigated or intentionally aided or prodded the deceased to commit suicide, I am of the view that custodial interrogation is not necessary.

8. The offence of abetment of suicide under Section 108 of the BNS requires the ingredients of Section 45 of the to be satisfied. As per the said provision, a person abets the doing of a thing, if he instigates any person to do that thing or intentionally aids the doing of that thing. It is not every act or conduct that may amount to abetment of suicide. Law requires the accused to have intended by his act or instigation that the deceased would commit suicide. In order to attract the offence under Section 108 of the , the abetment must have been for committing suicide and not for doing some other act. Unless the instigation is done with the intention to prod the deceased to commit suicide, or had intentionally aided the commission of suicide, the offence under Section 108 of the will not be attracted. The crucial ingredient of the offence of abetment