AI Overview...
Words Spoken Few Days Before the Violence Does Not Amount to Instigation
- Words Spoken Before Violence – Several sources clarify that mere words or comments made shortly before an incident do not automatically constitute instigation or abetment unless they demonstrate clear intent to provoke or incite violence or suicide.
- For example, in Pothyamsetti Satyanarayana Reddy VS State Of A. P. - Andhra Pradesh, spreading rumors or making statements about chastity does not amount to instigation if the evidence does not establish a direct link to causing the act.
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Similarly, in Bhanwar Lal VS State Of Rajasthan - Rajasthan, physical violence or verbal remarks alone, without proof of intent to incite, do not qualify as culpable instigation or abetment to suicide.
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Proximity and Intent – Several courts emphasize the importance of closeness in time and intent to establish instigation.
- In Prakash vs State of Maharashtra - Supreme Court, the nexus between the accused’s words and the subsequent act (suicide) must be clear and proximate, with a direct causal link demonstrated. Mere presence or casual remarks are insufficient.
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The court in State of Maharashtra VS Vijay Maruti Bombale - Bombay noted that acts or words must be intended to cause the act; otherwise, they do not amount to instigation.
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Legal Standards for Instigation – The courts consistently hold that for words or conduct to qualify as instigation, there must be an intent to incite or urge the commission of a crime, not just incidental remarks.
- In Krishnaraj & Others VS State represented by Deputy Superintendent of Police & Another - Madras, the absence of evidence showing the accused’s words directly encouraged violence or murder led the court to reject claims of instigation.
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Similarly, in Arun Kumar VS State represented by The Inspector of Police, Anupparpalayam Police Station, Thirupur - Madras, the court found that handwriting or communication not conclusively linked to the deceased or proven to be written by the deceased cannot establish instigation.
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Difference Between Words and Actual Instigation – Courts distinguish between casual speech and active instigation.
- In Brij Lal VS Prem Chann - Crimes and Brij Lal: State Of Punjab VS Prem Chand - Supreme Court, even if the deceased was influenced or affected by words, unless there is proof of intent to instigate or promote suicide, such words are not sufficient to establish culpable instigation.
Analysis and Conclusion
Mere words spoken shortly before an incident, without clear evidence of intent to incite or a direct causal link, do not amount to instigation under criminal law. The courts require that the words or conduct must demonstrate a deliberate attempt to urge or incite violence or suicide, with close temporal proximity and a clear nexus. Several judgments reinforce that incidental remarks or casual comments, even if emotionally charged, do not satisfy the legal criteria for instigation unless accompanied by proof of intent to provoke the act. Therefore, words spoken a few days before violence, in isolation, generally do not constitute sufficient grounds for establishing instigation or abetment.
References:
- Pothyamsetti Satyanarayana Reddy VS State Of A. P. - Andhra Pradesh, Prakash vs State of Maharashtra - Supreme Court, Bhanwar Lal VS State Of Rajasthan - Rajasthan, State of Maharashtra VS Vijay Maruti Bombale - Bombay, Krishnaraj & Others VS State represented by Deputy Superintendent of Police & Another - Madras, Arun Kumar VS State represented by The Inspector of Police, Anupparpalayam Police Station, Thirupur - Madras, Brij Lal VS Prem Chann - Crimes, Brij Lal: State Of Punjab VS Prem Chand - Supreme Court
Search Results for "Words Spoken few Days before the Violence does Not Amount to Instigation"
2005 0 Supreme(AP) 920 • India - Andhra Pradesh
G.YETHIRAJULU
, spreading rumour in the village about her chastity amount to offences under Sections 306 and 509, IPC – Whether the prosecution ... A-2 is acquitted for the offence – The fine amount, if any, paid by him for the offence shall be refunded to him – The convictions ... proved the guilt of all the accused beyond reasonable doubt – Held, the deceased did not mention in specific terms whether he was ... amount to instigation as the ingredients of clauses (i) and (ii) of Section 107 are not....
2025 2 Supreme 695 • India - Supreme Court
B. R. GAVAI, K. V. VISWANATHAN
or incitement on part of accused person is gravamen of offence of abetment to suicide – In order to link act of instigation to act ... by accused person – Close proximity should be such as to create clear nexus between act of instigation and act of suicide – If deceased ... 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 ... Gaware further submitted that it is not a case of prosecution that the appellants spoke i....
1981 0 Supreme(Del) 25 • India - Delhi
S.B.WAD
Whether the petitioner's instigation of other employees to participate in the strike amounted to active instigation of an illegal ... Finally, the court held that the petitioner's instigation of other employees to participate in the strike amounted to active instigation ... the strike, including instigating other employees to participate, collecting funds, and organizing meetings, amounted to active instigation ... The said paragraph further states that the penalty of dismissal or removal should #HL_STA....
2009 0 Supreme(Mad) 2704 • India - Madras
M.CHOCKALINGAM, C.S.KARNAN
Once, the trial Court was not ready to believe the conspiracy theory which was spoken to by P.Ws.3 and 6, the trial Court should have also rejected the contention putforth by the prosecution that there was instigation made by A2 for the commission of murder by A1 or any other accused. ... It is true that he has not spoken about the incident for about 40 days but the explanation tendered by P.W.2 for not making statement to anybody, in the considered opinion of the Cou....
• India - Delhi High Court
SIDDHARTH MRIDUL, RAJNISH BHATNAGAR
and material support leading to violence. ... cumulative witness statements and evidences from charge-sheets filed - Court's findings on multiple conspiratorial meetings, aggressive instigation ... It was also submitted that it was a call for an opposition to an unjust law and in any case the appellant did not call for violence. ... In any case, it was not perpetrating violence which section 15 UAPA contemplates. He stressed on the point that 'Terrorist act' as defined under section 15....
• India - Crimes
S.NATARAJAN, A.M.AHMADI
also the State by special leave, challenged the order of acquittal- Beyond any reasonable doubt, deceased committed suicide due to instigation-Deceased ... was not of diseased mind - Impugned order suffers from serious errors and infirmities-Whether the respondents' conviction deserve ... on account of the accused's instigation. ... These matters have been spoken to by P.W. 4 Shanti Devi, P.W. 14 Kbem Chand and P.W. 17 Kuldip Rai. Besides them, independent witnesses viz. ... P.W. 5 Krishan Dutt, P.W. 9 Shri Hari Om and P....
1989 0 Supreme(SC) 248 • India - Supreme Court
S.NATARAJAN, A.M.AHMADI
also the State by special leave, challenged the order of acquittal- Beyond any reasonable doubt, deceased committed suicide due to instigation-Deceased ... was not of diseased mind - Impugned order suffers from serious errors and infirmities-Whether the respondents conviction deserve ... on account of the accuseds instigation. ... These matters have been spoken to by P.W. 4 Shanti Devi, P.W. 14 Kbem Chand and P.W. 17 Kuldip Rai. Besides them, independent witnesses viz. ... P.W. 5 Krishan Dutt, P.W. 9 Shri Hari Om and P.W....
2021 0 Supreme(Mad) 2694 • India - Madras
RMT.TEEKAA RAMAN
committed suicide in her parental home and there was no communication between appellant/A.1 and deceased and handwriting found is not ... proved to be handwriting of deceased and Ex.P.9 is also not proved to have been written by deceased - Consequently, Forensic Science ... P.W.1 (father) has not spoken about the identification of Ex.P.9 and it was not identified to be in the handwriting of the deceased by any witnesses examined by the prosecution assumes significance. 21. ... Now so far as the offence ....
1988 0 Supreme(Raj) 790 • India - Rajasthan
V.S.DAVE
violence. ... violence. ... Whether the medical evidence supported the prosecution's theory that Shakuntala had been subjected to physical violence. ... It was held that this fact by itself could not amount to culpable instigation or commission of suicide, beating alleged to have been given also did not amount to abetment to commit suicide. The Punjab and Haryana High Court in Raj Kumar v. ... 'To instigate' means to urge on, incite; to foment which....
2019 0 Supreme(Bom) 2514 • India - Bombay
K.R.SHRIRAM
amount to instigation or abetment of commission of suicide unless it is established that accused intended by their acts that deceased ... evidence to suggest or indicate that accused knew or had reason to believe that deceased would commit suicide - Even if any acts or words ... High Court in S/o and another Vs- Sub-Inspector of Police and another it is not what deceased felt but what accused intended by ... Even if any acts or words uttered by the accused or their conduct are sufficient to demean or hu....
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