2024 Supreme(SC) 1229

SUPREME COURT OF INDIA
B.R. GAVAI, K.V. VISWANATHAN, JJ.
Prakash And Others – Appellants
Versus
The State of Maharashtra and Another – Respondents
Criminal Appeal No. 5543 of 2024 (Arising out of SLP (Crl.) No.1073 of 2023)
Decided on : 20-12-2024

IMPORTANT POINT
Abetment of suicide – Positive act of instigation is a crucial element of abetment – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible – Each person reacts differently to same provocation depending on a variety of factors – Every such case has to be decided on the basis of its own facts and circumstances.

Headnote:

(A) Indian Penal Code, 1860 – Sections 306 read with Section 107[Bharatiya Nyaya Sanhita, 2023 – Section 108 read with Section 45] – Abetment of suicide – Abetment involves mental process of instigating or intentionally aiding another person to do a particular thing – To bring charge under Section 306 of IPC, act of abetment would require positive act of instigating or intentionally aiding another person to commit suicide – Without such mens rea on part of accused person being apparent from face of record, charge under the Section cannot be sustained – Abetment also requires active act, direct or indirect, on part of accused person which left deceased with no other option but to commit suicide – Without positive act on part of accused to instigate or aid a person in committing suicide, conviction cannot be sustained – Each person reacts differently to same provocation depending on a variety of factors – Every such case has to be decided on the basis of its own facts and circumstances – Element of mens rea cannot simply be presumed or inferred, instead it must be evident and explicitly discernible – Word uttered in fit of anger or emotion without intending consequences to actually follow cannot be said to be instigation. (Paras 14, 15, 17, 19 and 20)

(B) Indian Penal Code, 1860 – Sections 306 and 34 [Bharatiya Nyaya Sanhita, 2023 – Sections 108 and 3(5)] – Criminal Procedure Code, 1973 – Section 227 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 250] – Abetment of suicide – Rejection of discharge application – Instigation or incitement on part of accused person is gravamen of offence of abetment to suicide – In order to link act of instigation to act of suicide, two occurrences must be in close proximity to each other so as to form a nexus or a chain, with act of suicide by deceased being a direct result of act of instigation by accused person – Close proximity should be such as to create clear nexus between act of instigation and act of suicide – If deceased had taken words of appellants seriously, time gap between two incidents would have given enough time to deceased to think over and reflect on the matter – As such, gap of over a month would be sufficient time to dissolve nexus or proximate link between two acts – Although Accidental Death Report was lodged on day of incident by deceased’s brother, there is no mention about any involvement of appellants in suicidal death of deceased – Reasoning given by High Court for refusal to discharge appellants is completely perfunctory – Prosecution has failed to prima facie establish that appellants had any intention to instigate or aid or abet deceased to commit suicide – Impugned judgment and order of High Court quashed and set aside and appellants discharged from Sessions Case. (Paras 26, 34, 35, 36, 37 and 38)

Facts of the case:

Present appeal challenges judgment and order dated 17th October 2022 passed by Single Judge of High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Writ Petition No. 246 of 2021, by which Single Judge dismissed Writ Petition preferred by present appellants. Writ Petition had been filed with prayer to quash the order dated 24th December 2020 passed by Assistant Sessions Judge, wherein Assistant Sessions Judge had rejected application preferred by appellants seeking discharge from charges punishable under Sections 306 and 34 of Indian Penal Code, 1860, pending against the appellants before trial court.

Findings of Court:

In absence of sufficient material to show that appellants had intended by their words to push deceased into such a position that she was left with no other option but to commit suicide, continuation of criminal proceedings against appellants would result in abuse of process of law.

Result : Appeal allowed.