FIRST LAW

Penal Code, 1860 – S. 306 - Incident of slapping by the accused cannot be the sole ground to hold him responsible for instigating the deceased to commit suicide.

Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. In other words, there has to be a clear  mens rea  to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.

Penal Code, 1860 -  Ss. 306/34 & 107 -  For the wrong decision taken by a coward, fool, idiot, a man of weak mentality, a man of frail mentality, another person cannot be blamed as having abetted his committing suicide.

Penal Code, 1860 - Section 306 -  As a superior officer, if some work was assigned by the applicant to the deceased, merely on that count it cannot be said that there was any guilty mind or criminal intent.

Criminal Procedure Code, 1973 - S. 482 - Penal Code, 1860 - S. 306 - Abetment of Suicide - two suicide notes - allegations that due to continuous humiliation and suffering inflicted upon by the wife and her family members, the Husband committed suicide - In light of the fact that the enquiry was pending and there are aspects which may require investigation, the High Court erred in quashing the FIR at the threshold itself without allowing the investigation to proceed - acceptance of certain factual assertions made by the accused as to the condition of the deceased and reasons for committing suicide would not be in consonance with the settled jurisprudence.