January 26, 2025: The Supreme Court of India has clarified that expressing disapproval of a marriage does not constitute abetment of suicide under Section 306 of the Indian Penal Code (IPC). This landmark observation was made by a bench comprising Justices B V Nagarathna and Satish Chandra Sharma, while quashing a chargesheet filed against a woman accused of abetting the suicide of another woman.
The case involved allegations that the accused had opposed the marriage of her son with the victim, who eventually died by suicide. The chargesheet claimed that the accused made disparaging remarks against the victim and disapproved of her relationship with her son.
In its judgment, the Supreme Court stated that even if all evidence and witness statements are presumed to be true, there was no substantive evidence implicating the accused in the act of abetment. The court emphasized that the actions attributed to the accused were too remote and indirect to establish the charge under Section 306.
“We find that the acts of the appellant are too remote and indirect to constitute the offence under Section 306, IPC. There is no allegation against the appellant of a nature that left the victim with no alternative but to commit the unfortunate act of suicide,” the bench observed.
The court noted that the victim's family, not the accused, was reportedly unhappy with the relationship. Furthermore, it stated that mere disapproval of a marriage or remarks criticizing the relationship cannot amount to instigation under the law.
“In fact, it was the victim’s family that was unhappy with the relationship. Even if the appellant expressed her disapproval towards the marriage of Babu Das and the victim, it does not rise to the level of direct or indirect instigation of abetting suicide,” the bench clarified.
The bench also underscored the need for a "positive act" that creates a compelling environment leading to suicide for the charge under Section 306 to hold.
The ruling provides significant legal clarity, highlighting that opposition to a relationship, even if expressed harshly, cannot automatically be equated with abetment of suicide unless specific, direct, and coercive acts are established.