NEW DELHI: Expressing disapproval for marriage does not amount to abetment of suicide under section 306 of the Indian Penal Code (IPC), the Supreme Court stated in a recent order.
A two-judge bench of Justices B V Nagarathna and Satish Chandra Sharma made the observation while quashing a chargesheet against a woman who was accused of abetting the suicide of another woman allegedly in love with her son.
“We find that the acts of the appellant are too remote and indirect to constitute the offence under Section 306 (Abetment to suicide) of the IPC. There is no allegation against the appellant of a nature that the deceased was left with no alternative but to commit the unfortunate act of suicide,” the bench observed.
The top court, in its recent order, said even if all the evidence on record, including the chargesheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant (accused) in the instant case.
The allegations were based on disputes between the deceased and the appellant’s son, who had refused to marry her. The appellant was accused of opposing the marriage and making disparaging remarks against the deceased.
The apex court also clarified that a remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment.
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