The Supreme Court of India, affirmed that an individual can be found guilty of abetting suicide if the act of instigation reaches such intensity that the victim is left with no alternative, and the instigation occurs “in close proximity” to the date of suicide.
Justices Abhay S Oka and Pankaj Mithal, presiding over the case, dismissed criminal proceedings against a man accused of abetting suicide.
The deceased woman took the drastic step 15 days after the accused had physically assaulted and threatened her and her husband for failing to repay a loan.
“The crucial inquiry revolves around whether the appellant instigated the deceased to commit suicide. For the first clause to apply, there must be instigation in some form on the part of the accused, with the intention (mens rea) to prompt the deceased to commit suicide,” emphasized the bench.
The bench further stated that it is not feasible to conclude that the appellant instigated the victim merely by demanding payment using abusive language.
