ABETMENT TO SUICIDE

Under IPC Section 306, a person is guilty of abetment to suicide when he/she provokes somebody to commit suicide or is part of a conspiracy to make a person commit suicide or intentionally assists the victim in committing suicide by doing something or not doing something that he/she was bound to do.

The Indian penal code makes it a punishable offence, either a jail term of up to ten years or a fine or both. A common question here is how will the court decide if the accused has abetted the suicide and the intention to drive a person to commit suicide.

How does the court determine if the accused has abetted the suicide?

The two primary aspects to look into here are the suicidal death and intention of the accused to abet such suicide. Once it is confirmed for a fact that suicide has been committed, the intention of the accused is looked into.

Exception: Through an amendment in 1983, the law was changed to presume that the husband is guilty if his wife commits suicide within 7 years of the marriage. The amendment was made to curb rising dowry deaths that were categorised as suicides.

How is the intention to drive a person to suicide decided by the court?

Reflecting on the acts of the accused the apex court determines this. In 2002, in the case of ‘Sanjay Singh v State of Madhya Pradesh’, have held that a comment or a statement uttered in haste, anger would not amount to abetment of suicide.

The involvement of the accused must be connected strongly. Suppose person A says “go die” to person B and B happens to kills themselves, person A can’t be charged for abetment of suicide. A did not intend to instigate B to commit suicide and merely uttered the words in a fit of anger. In such a case, the court would look into Person A’s general behaviour towards B and determine the intention.

The instigation has to have a certain continuity over a reasonable period of time. The suicide must also be a direct consequence of the instigating and not merely a consequence.