Supreme Court Rules on Abetment to Suicide in Extramarital Context
New Delhi: The Supreme Court ruled on Thursday that being in an extramarital relationship cannot serve as grounds to prosecute an individual if their partner commits suicide due to stress in the relationship. The Court emphasized that abetment to suicide necessitates a clear act of instigation.
A bench of Justices K.V. Viswanathan and Atul Chandurkar stated that to sustain allegations under Section 306 of the Indian Penal Code, it must be established that the accused played a direct or indirect role in the suicide with intent. The Court affirmed that abetment requires active engagement that leaves the individual contemplating suicide with no alternative.
The judgment quashed a case against a man allegedly involved with the deceased’s wife, highlighting that even if extramarital relations were assumed, there was a lack of mens rea—intent—to abet the suicide. “There is no allegation that the appellant instigated him to commit suicide or aided any act or illegal omission to bring about the suicide,” the bench noted.
The Supreme Court overturned a Chhattisgarh High Court decision that allowed for a trial on the basis that the deceased was distressed due to his wife’s alleged infidelity. The Court dismissed the prosecution’s argument that the humiliation faced in front of her partner constituted abetment.
While the ruling provides relief for the man, the deceased’s wife, who is also an accused, did not contest the trial against her. The Court emphasized the necessity of demonstrable evidence indicating a positive act of instigation that is directly related to the act of suicide to establish a clear causal link.
