Mere harassing and abetment to suicide

 It often happens that due to harassing someone, a person becomes so sad that he does not suggest any way other than suicide. In such a case, the harassing person is punished for the offence of abetting the victim's deceased to commit suicide. The guilty are sentenced under section 306 of CrPC. But it is not necessary to be like this every time.

Recently, in Velladurai v State, the Supreme Court observed that mere acts of harassment could not be treated as an abetment to suicide.

Actually, in the case of number CRA 953 of 2021, the wife of the accused had committed suicide by consuming insecticide. The accused had also consumed insecticide, but he survived. The matter was presented in the court, in which it was told that there was a quarrel between the husband and wife on the day of the incident. After this, both of them drank insecticide in which the wife died.

In this case, the quorum of Justices MR Shah and Aniruddha Bose said that in this case, the accused could not be seen within the meaning of Section 306. It was a mistake of the "high court" and the "lower court" because even though the accused had a fight with his wife on the day of the incident, she had attempted suicide by consuming insecticide.

Let us know what section 306 is -

Definition

Torture or harassing someone to such an extent that he commits suicide this offence comes under section 306 of the Indian Penal Code, 1860. This section is applicable only when the victim dies.

Bail

It is a cognizable offence. This offence is not compoundable in any way. There is no bail in this. Only the court has the right to hear this. The offence is punishable with imprisonment of not less than ten years and a fine. 

In the above case, the Supreme Court held that mere quarrelling or harassing does not come under section 306. But in the Girija Shankar Vs Madhya Pradesh State case, the court had held the in-laws guilty in the suicide case of a daughter-in-law. In this case, the daughter-in-law was kept hungry and thirsty. He was mentally tortured to such an extent that She was not suggested any other way but suicide. The court held the torture case to such an extent as an offence under section 306.