Section 306, Indian Penal Code I

Posted on by Rudrajyoti Nath Ray

“It is no doubt true that Arvind committed suicide on 23.02.2002. There is also no dispute that Arvind blamed Rajesh [Wife’s Brother]. In order to bring a case within the purview of Section 306, IPC there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of ‘instigation’ or by doing certain act to facilitate the commission of suicide. Words uttered in a fit of anger or omission without any intention cannot be termed as ‘instigation’. The term ‘instigation’ has been explained in Chitresh Chopra, (2009) 16 SCC 605. Evidence does not disclose that the Rajesh instigated Arvind. There was neither a provocation nor encouragement. Conviction is set aside.“

– Hon’ble Justice L. Nageswara Rao, Rajesh v. State of Haryana, [Criminal Appeal No. 93 of 2019].

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