The Supreme Court ruled in a case involving a husband's discharge in connection with his wife's death, stating that mere harassment, without a clear mens rea to induce or force the deceased to commit suicide, is insufficient to convict someone of aiding and abetting suicide under Section 306 of the Indian Penal Code.

Justice Nath and Justice Varale stated that a clear mens rea to induce or force the deceased to commit suicide must be established in order to convict them under section 306 of the IPC. It calls for specific actions, inactions, situations, or statements that might encourage or urge someone else to end their life. Therefore, in order to file a case under this clause, the accused must have intended to cause the dead to commit suicide with their actions, mentioned the Court.

The case was registered at the instance of the deceased’s father against the appellants. The appellant no 1 was married to the deceased in 2009. The couple had no child for the first five years of the marriage and owing to this fact the deceased was subjected to harassment at her matrimonial home. Prior to 12 months of the alleged incident the deceased informed her father that the ornaments given to her as stridhan was allegedly sold by the appellant and when she demanded the ornaments back she was subjected to physical and mental harassment. The appellant approached the court with an application seeking discharge under Section 227 of the Code of Criminal Procedure, on the ground that, prima facie, the ingredients for the offence of abetment as provided under Section 107 of IPC are not made out against him.

According to the Court, it was important to determine if the victim had no choice but to commit suicide as a result of the abuse or harassment they had suffered. There must be verifiable evidence of direct or indirect actions of motivation that resulted in the suicide in circumstances where there is suspected abetment of suicide.

On a careful and close consideration of the facts the court concluded that there appears no proximate link between the alleged facts, instances of harassment and her subsequent death by hanging. The alleged incident of selling of gold ornaments and subsequent physical and mental harassment, as alleged,occurred almost a year before the FIR was registered at the instance of the father of the deceased.The court ruled that the sale of gold ornaments and subsequent harassment did not imply any intention to incite or provoke the deceased to commit suicide.

The court declined to release the accused of the charge under Section 498A IPC.

Case Details - JAYDEEPSINH PRAVINSINH CHAVDA vs. THE STATE OF GUJARAT SLP (Crl.) No.7957 of 2024

Advocates for Petitioner(s)- SHAMIK SHIRISHBHAI SANJANWALA

Advocates for Respondent(s)- SWATI GHILDIYAL