[Abetment of suicide] Positive action by accused proximate to time of occurrence necessary for conviction: Supreme Court

Mere allegation of harassment without any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, is not enough for conviction in terms of Section 306 IPC (Abetment of suicide), the Supreme Court of India has held.

Court has further held that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide.

"....the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life", a bench of Justices MR Shah and Krishna Murari has observed.

With these observations, Court has set aside the conviction of the husband and mother-in-law of the deceased under Sections 498A and 306 of the Indian Penal Code.

Allegations were made against the accused that since the deceased was not having a child for 1.5 years, they abused her and compelled her to participate in the Pooja and on the refusal of the same, she was threatened by them that she would die.

Furthermore, after a male child was born to the deceased in 2007, she was caused immense mental torture by compelling her to have another child in spite of the fact that she had a miscarriage with her second pregnancy. It was also alleged that the deceased was harassed due to insufficient dowry being given by her parents.

While setting aside the conviction, the Supreme Court noted that there was no animosity between the families of husband and deceased wife throughout their marriage.

Top Court also relied on the facts that, after the marriage, the accused husband came to know that his wife was suffering from bipolar disorder and that she had suicidal tendencies right from her student days and had undergone treatment under a psychiatrist at Thirunelveli, Tamil Nadu.

It was further noted that not only a positive action in close proximity to the time of suicide was absent but also there was no evidence for any continuous physical or mental torture meted out to the deceased by the accused.

In conclusion, Court observed that while each suicide is a personal tragedy that prematurely takes the life of an individual and has a continuing ripple effect, dramatically affecting the lives of families, friends and communities, the court of law while adjudicating is not to be guided by emotions of sentiments but the dictum is required to be based on analysis of facts and evidence on record.

Case Title: MARIANO ANTO BRUNO & ANR. vs. THE INSPECTOR OF POLICE