NEW DELHI: Mere quarrels or disputes within a marriage or family do not amount to the offence of abetment to suicide, the Delhi HC has held. Justice Ravinder Dudeja clarified that for abetment there must be active instigation, conspiracy, or intentional assistance in the act of suicide. “Harassment alone does not suffice for abetment,” the HC has said.
The HC observed that the mental and emotional state of the person involved, such as vulnerability due to depression or psychiatric disorders, plays a crucial role in such cases.
“A person, who is emotionally or mentally vulnerable due to depression and other psychiatric problems, is a big factor to be considered in a case of abetment of suicide. In such cases, higher proof of instigation is required. Every case of suicide does not amount to abetment and therefore the court has to see whether the conduct of the accused was such that a normal person, not merely a hyper sensitive one, would have been driven to suicide,” read the court order dated April 29.
This ruling came as the court granted anticipatory bail to a man and his wife, both accused in the suicide of the husband. The wife had earlier filed a complaint accusing the husband of committing unnatural sex upon her. In his final moments, the deceased allegedly threatened to implicate the petitioners — the wife and one of their sons. The prosecution opposed the bail plea, citing a WhatsApp message sent by the deceased, claiming he had been harassed by the petitioners, and was forced to consume poison.
However, the petitioners submitted medical records showing the deceased had a history of depression, suicidal tendencies, and bipolar disorder. The HC examined recordings of conversations in which the deceased used abusive language against the petitioners. The HC ruled merely naming someone in a note does not establish guilt.