INTRODUCTION:
The Nagpur bench of the Bombay high court addressed the issue whether refusal to marriage amounts to abetment of suicide under section 306 of IPC (abetment to suicide). Ending the long-term consensual relationship will be considered as the abetment of suicide. The court held that mere refusal to marry is not amounts to abetment of suicide under section 306 of IPC.
BACKGROUND:
This case involves a couple who were in relationship for nine years of consensual relationship and they broke up after nine long years. The women in the relationship committed suicide and took her life leaving a suicide note stating that the reason for her suicide is the relationship and the end of their relationship which caused distress to her. Now, the women family filed a complaint accusing the accused the lover of her daughter and his refusal to marry her is the reason for her suicide.
KEY POINTS:
Refusal to marry is not amounts to abetment:
The Bombay high court observed that a mere refusal to marry does not amounts to abetment of suicide as held under section 306 of IPC. It emphasizes that marriage belongs to the personnel choice of the individual he or she has al the rights to either marry or refuse to marry a person that does not amount to instigation or provocation to suicide.
No instigation or provocation:
The Bombay high court noted that there is no other evidence to accuse an accused for instigation or provocation of the victim to commit suicide. The end of nine years of consensual relationship was distressing but that does not provoke the victim to take her life.
Precedent case laws:
The Bombay high court referred the judgment, including Ramesh Kumar v. State of Chhattisgarh and M. Mohan v. State of Tamil Nadu, both the case established that to convict a person under section 306 of IPC, there should be the existence of clear evidence of instigation and active participation of the accused in provoking the victim to commit suicide.
RECENT DEVELOPMENT:
The court emphasized the importance of individuals personnel choice in deciding who should they marry to and to end the relationship.
CONCLUSION:
The Bombay high court dismissed the appeal and stated that the marring someone is individuals’ personnel choice, such as refusing to marry or ending the nine years of consensual relationship will not amount to abetment leading to suicide. This Bombay high court decision ensures that no individual should be unjustly held criminally liable for their personnel choices.
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WRITTEN BY: MUTHULAKSHMI B
