The High Court of Jammu and Kashmir and Ladakh recently issued a ruling stating that the mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks does not constitute the offence of abetment of suicide.
The ruling came in response to an appeal filed by the State against the acquittal of a man charged under Section 306 (abetment of suicide) and 498-A (husband or relative subjecting a woman to cruelty) of the Ranbir Penal Code (RPC).
In the case, a single bench of Justice Rajesh Sekhri upheld the acquittal, emphasizing that to establish abetment, there must be intentional aid and active participation by the abettor. The court recognized that instances of matrimonial discord and occasional taunting or sarcastic remarks within marriage are normal aspects of married life and do not amount to the abetment of suicide.
Justice Sekhri stated, "There may be various instances of matrimonial discord between husband and wife, and at times, a wife being constantly taunted and subjected to sarcastic remarks in the house of her in-laws may be driven to commit suicide. However, such instances are normal wear and tear of matrimonial life."
The court examined the evidence to determine if the husband had instigated, conspired, or intentionally aided the victim's suicide. The deceased wife had set herself ablaze after a midnight phone call with her husband, during which he refused her request to return to a certain place and instead told her to go back to where she came from. The prosecution argued that the wife became enraged by her husband's response and set herself on fire.
However, the court concluded that there was no evidence to suggest that the husband intended or participated in abetting the victim's suicide. It noted that the husband's remarks did not demonstrate any intention or positive action to instigate or aid in the commission of suicide. The court observed that the husband's intention appeared to be getting rid of the victim, and he could not have foreseen the consequences of her taking her own life due to his utterances.
The court also took into account that the prosecution's version indicated the deceased victim was hypersensitive to the ordinary conflicts that arise in matrimonial life.
Based on these findings, the High Court dismissed the appeal, affirming the acquittal and stating that there was no evidence to establish abetment of suicide on the part of the husband.
The ruling clarifies that in cases of matrimonial discord and verbal altercations unless there is clear intent and active participation in abetting suicide, such actions should not be criminalized under Section 306 of the RPC. The judgment underscores the importance of distinguishing between normal marital conflicts and the offence of abetment of suicide, providing guidance for future cases in the region.
Source: Link
Picture Source :
