Section 306 of the IPC (Section 108 of the B.N.S. Act) provides for punishment for the offence of abetment of suicide. It has to be read with Section 107 of the IPC (Section 45 of the B.N.S. Act) which defines the act of ‘abetment’.
To bring a case under this provision, it is imperative that the accused intended by their act to instigate the deceased to commit suicide.
The essential ingredients to be fulfilled in order to bring a case under Section 306 of the IPC (Section 108 of the B.N.S. Act), IPC are:
- The abetment;
- The intention of the accused to aid or instigate or abet the deceased to commit suicide.
For a person to be charged under Section 306 of the IPC (Section 108 of the B.N.S. Act), the prosecution must establish that the accused contributed to the act of suicide by the deceased. The prosecution must demonstrate an active or direct action by the accused that led the deceased to take his/her own life. Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide. Harassment, in itself, does not suffice unless it is accompanied by deliberate acts of incitement or facilitation. There should be the presence of clear mens rea—the intention to abet the act—is essential and without this, the foundational requirement for establishing abetment under the law is not satisfied. Furthermore, these actions must be proximate to the time of the suicide, showcasing a clear connection between the accused’s behavior and the tragic outcome. It requires certain such act, omission, creation of circumstances, or words which would incite or provoke another person to commit suicide. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
This involvement must satisfy one of the three conditions outlined in Section 107 of the IPC (Section 45 of the B.N.S. Act). These conditions include the accused instigated or encouraged the individual to commit suicide, conspiring with others to ensure that the act was carried out, or engaging in conduct (or neglecting to act) that directly led to the person taking his/her own life.
For a conviction under Section 306 IPC (Section 108 of the B.N.S. Act), there must be evidence of a positive act by the accused, closely linked to the time of the incident that compelled or drove the victim to commit suicide. It is essential to establish that the death was a result of suicide and that the accused actively abetted its commission. This can involve instigating the victim or engaging in specific actions that facilitated the act. The prosecution must prove beyond doubt that the accused played a definitive role in the abetment. Without clear evidence of an active role in provoking or assisting the suicide, a conviction under present, cannot be sustained. The act of abetment must be explicitly demonstrated through actions or behaviors of the accused that directly contributed to the victim’s decision to take their own life. The prosecution bears the burden of proving this active involvement to hold the accused accountable for the alleged abetment of suicide. There must be clear evidence of direct or indirect acts of incitement to commit suicide. The Court examines whether the accused’s conduct, including provoking, urging, or tarnishing the victim’s self-esteem, created an unbearable situation. If the accused’s actions were intended only to harass or express anger, they might not meet the threshold for abetment or investigation. If the accused plays an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide. The question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused and if the acts and deeds are only of such nature where the accused intended nothing more than harassment or snap shot of anger, a particular case may fall short of the offence of abetment of suicide. However, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. Each case demands a careful evaluation of facts, considering the accused’s intent and its impact on the victim.