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N.S.Shekhawat J. (Oral)

1. The petitioners have filed the present petition under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023/438 Cr.P.C., for grant of anticipatory bail in case FIR No.31 dated 16.03.2026, registered under Sections 108, 191(3), 190 of Bharatiya Nyaya Sanhita, 2023 (for short BNS) (corresponding Sections 306, 148, 149 of IPC), at Police Station Kotfatta, District Bathinda.

2. Learned counsel for the petitioners contends that even from the allegations levelled by the complainant in the FIR, Annexure P-1, no offence under Sections 108, 190 of BNS is made out against the petitioners. Even no specific role has been assigned to them and the complainant has not explained as to how they had harassed the deceased. Even, there is no evidence to show that the petitioners had either abetted or aided the suicide of the deceased in the present case. Even otherwise, petitioners and complainant are close relatives and there was a dispute regarding construction of temple outside the street and there was no mens rea on the part of the petitioners. Learned counsel for petitioners has relied upon the law laid down by the Hon’ble Supreme Court in S.S. Cheema versus Vijay Kumar Mahajan and another, Criminal Appeal No.1503 of 2010 (arising out of SLP (Criminal) No.6811 of 2009), decided on 12.08.2010, to contend that the essential of the offence under Sections 108 of BNS are not made out in the present case.

3. Notice of motion.

4. Mr. M.S. Bajwa, DAG, Punjab, accepts notice on behalf of respondent-State. At this stage, Mr. Kushagra Mahajan, Advocate, has put in appearance on behalf of for respondent no.2 and has filed power of attorney whereas Mr. Rahul Goyal, Advocate, has put in appearance on behalf of mother of the deceased and has filed memo of appearance.

5. I have heard learned counsel for the parties and perused the record.

6. Section 306 of IPC prescribes the punishment for abetment of suicide and reads as follows:-

“306. Abetment of suicide.-If any person commits suicide, who ever 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.”

7. It is manifested that the offence punishable is one of abetment of commission of suicide by any person, predicating existence of a live link or nexus between the two, abetment and the suicide, being the propelling causative factor. The basic ingredients of the offence are the suicidal death and the abetment of the same. To constitute abetment, the intention and involvement of the accused to aid or instigate the commission of suicide is imperative. Further, there should be intention to provoke, incite or encourage the doing of an act by the latter. Each persons suicidability pattern is different from the other. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straight-jacket formula in dealing with such cases and each case has to be decided on its own facts and circumstances. While dealing with the ingredients of Section 306 IPC, the Hon’ble Supreme Court has held in the matter of “S.S. Cheema’s case (supra), as follows:-

17.The word “suicide” in itself is nowhere defined in the Penal Code, however its meaning and import is well known and requires no explanation. “Sui” means “self” and “cide” means “killing”, thus implying an act of self-killing. In short, a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself.

18. Suicide by itself is not an offence under either English or Indian criminal law, though at one time it was a felony in England. In England, the former law was of the nature of being a deterrent to people as it provided penalties of two types :

Degradation of corpse of the deceased by burying it on the highway with a stake through its chest.

Forfeiture of p