To convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence with an active/direct act [Read the Judgement]

May 29, 2019:

In order to convict a person under Section 306 IPC 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 this act must have been intended to push the deceased into such a position that he/she committed suicide.

Chhattisgarh High Court enunciated in a case challenging charges formed under Section 306 IPC that there shall be circumstances /acts/ activities/conduct which should fulfill the criteria of 'abetment' clearly. Charges cannot be formed treating vague circumstances/ acts/ activities/conduct as definition of  abetment.

The summary of the case goes around where a couple was engaged but the man calls off the engagement and refuses to marry the woman. In order to convince him, a social meeting was organized with presence of their respective families. The man was sure of his decision of not marrying the woman but she was insisting and desiring to get marry to him only. The social discussion intended to persuade the man saw a whole night. In the morning hours, seeing no conclusion coming to the meeting, the girl finds an excuse to visit her home and hangs herself therein.

The man was blamed by her associates and family members and charges under Section 306 IPC was formed against him. He challenged it in High Court which after observing that ingredients of 'abetment' were totally absent in the instant case for an offence under Section 306 IPC rules out in favour of him. Court has made it clear that it is the deceased and she alone and none else is responsible for her death.

Counsel for the applicants submits that in the entire charge sheet, there is no material available on record to frame charges against the present applicants for the offence under Section 306 IPC and as such, learned Additional Sessions Judge has committed illegality in framing charges against the present applicants as there is no proximity and nexus between the conduct and behaviour of the applicants with that of suicide committed by deceased Anju Ambade. Counsel for the applicants has relied upon the judgment in the matter of Swamy Prahladas Vs. State of M.P. and Another (1995 Supp.(3)SCC 438), wherein the appellant was charged for an offence under Section 306 IPC on the ground that the appellant during the quarrel is said to have remarked the deceased 'to go and die'. Hon'ble Apex Court was of the view that mere words uttered by the accused to the deceased 'to go and die' were not even prima facie enough to instigate the deceased to commit suicide. He has also placed reliance in the matter of Amit Gandhi and Another Vs. State of Chhattisgarh in Cr. Rev. No. 136 of 2014 and 199/2014.

The Judgement has been delivered by Hon'ble Justice Smt.Rajani Dubey on 17-05-2019.

Read the Judgment here: