Words uttered in anger no instigation to suicide: Guj HC

Source: DNA dated 26.12.2018

The Gujarat High Court has held that words uttered in a fit of rage without any intention cannot be termed as ‘instigation’ to commit suicide and granted bail to a man accused of abetment of suicide.

Notably, the man had approached the high court challenging the order of a lower court, which refused to grant him bail.

A single judge bench of the high court cited Supreme Court judgments and held that: “The offence of abetment depends on the intention of the person who abets and not upon the act which is done by the person who has abetted.”

Notably, the petitioner was accused of rape and abetment of suicide. However, during the course of the hearing for his bail plea, it was found that although rape charges were levied on him, but it was his brother who is accused of the crime. The court held that the only accusation against the petitioner was that he joined his brother in refusing the latter’s marriage with the girl.

As per the case details, the girl had threatened to commit suicide if the petitioner’s brother does not marry her after allegedly entering into a physical relationship on the pretext of marriage. Unaffected by the threat, the duo told the girl to ‘go ahead’ after which she attempted suicide by consuming some pills.

The court held: “Attempt to commit suicide was the decision of the girl. Except responding to her desire to commit suicide, no positive role in actual making of the attempt is attributed to the petitioner”. The court also clarified that prima facie, it is doubtful to attribute offence punishable under Section 306 of Indian Penal Code dealing with abetment of suicide on the “mere conduct” of the petitioner.

Eventually, the petitioner was granted bail, with the court remarking that the trial court, unfortunately, did not appreciate the legal as well as factual scenario, while declining bail to the accused.