The court clarified that mere allegations without substantial evidence are insufficient to establish guilt for abetment of suicide under BNS, 2023.

Order

03/11/2025

This bail application under Section 482 of BNSS is filed for granting pre-arrest bail to the accused-applicant namely, Sri Tapan Debnath in connection with Kalyanpur PS case No.2025 KLN 017 registered under Section 108 of BNS, 2023 .

Heard Learned Counsel, Ms. Piyali Chakraborty appearing on behalf of the accused-applicant. Also heard Learned P.P., Mr. Raju Datta along with Learned Addl. P.P., Mr. Rajib Saha appearing on behalf of the State-respondent.

As ordered by this Court, received the record from the Learned Trial Court. Learned P.P. has also produced the case diary.

In course of hearing, Learned Counsel, Ms. Chakraborty appearing on behalf of the accused-applicant submitted that although the case has been registered under Section 108 of BNS, 2023 but considering the materials on record, there is no scope to apply the aforesaid provision of Section 108 of BNS, 2023 against the present accused-applicant. Referring the contents of the F.I.R., Learned Counsel for the accused-applicant submitted that if the prosecution story is considered to be true then why in this case, no step was taken by the informant party against the present accused-applicant. Furthermore, from the prosecution story it appears that the accused- applicant used to visit the house of the victim since long back without any objection. Learned Counsel further submitted that even the story of illicit relation as projected by the prosecution is totally false and concocted and the accused-applicant has been falsely implicated in this case. It was further submitted by Learned Counsel for the accused- applicant that it was the case of the prosecution that the accused- applicant took a considerable amount of money from the victim with a view to make arrangement for release of her husband who was in custody at Bihar but, it has not been explained by the prosecution how the money was arranged by the victim. Moreso, on perusal of the F.I.R. it will be found that no specific date and time was mentioned about how and when the victim was subjected to harassment/cruelty by the accused-applicant and when the victim was subjected to physical relation with the accused-applicant. Moreso, when and how and on which date the payment was made by the victim, nothing is being reflected in the F.I.R. against the accused-applicant. So, Learned Counsel for the accused-applicant submitted that it is a clear case of fabrication against the accused-applicant.

In support of her submission, Learned Counsel for the accused-applicant relied upon one citation of the Hon’ble Supreme Court of India in Gurcharan Singh vs. State of Punjab reported in (2020) 10 SCC 200 wherein in para Nos.17 and 18, Hon’ble the Apex Court observed as under:

“17. While dealing with a case of abetment of suicide in Amalendu Pal v. State of W.B. [ Amalendu Pal v. State of W.B. , (2010) 1 SCC 707 : (2010) 1 SCC (Cri) 896] , Dr M.K. Sharma, J. writing for the Division Bench explained the parameters of Section 306 IPC in the following terms : (SCC p. 712, paras 12- 13)

“12. Thus, this Court has consistently taken the view that before holding an accused guilty of an offence under Section 306 IPC, the court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life. It is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable.

13. In order to bring a case within the purview of Section 306 IPC there must be a case of suicide and in the commission