As has been provide by the law, a person can be held account for provoke a person to commit suicide, if the following condition have been fulfill
- he/she instigate someone in to committing suicide
- he/she took part in a conspiracy to make someone commit suicide
- he/she help the victim deliberate so that he can commit suicide by commit an act or trefrain from doing something that he/ she was bound to do.
An abettor is define under Section 108 of the IPC. A person abetting an offence, either in the commission of a crime or commission of such an act, which would have been an offence if commit by such a person, who is capable by law of having commit the crime with the same purpose or information as that of the abettor.
Provide under Section 306 of the IPC, an individual when commits suicide, whoever abets the commission of such act, he/she would be punish with the sentence of either for a term extending up to a period of ten year and would also be liable to fine.
Section 306 of the IPC
As provide under this Section of the IPC, a person who abet the commission of such suicide shall be punish with an imprisonment for a term extending up to ten years or fine.
- Abetment of suicide is an offence tried in the Session Court and is cognizable non-compoundable and is non-bailable in nature.
- Cognizable offence- an arrest could be made without a warrant from the court.
- Non-bailable offence- bail can be grant at the discretion of the court, but not as a matter of right.
- Non-compoundable offence- the case file can not be withdrawn even when the complainant and the accuse reach a compromise. Withdrawal of a case involving a non-compoundable offence could not be allow by the Court.
Scope of the provisions of Section 306 of the IPC-
Abetment is a procedure where there is a mental process of instigating an individual or intentionally aiding a person in committing a particular act. As has been mention under Section 306 of the IPC, there must be a lucid men rea to commit the offence. Some direct act should be there leading to the decease to commit suicide seeing no alternative and this act must have been intend to put the decease in such a situation that he had to commit suicide.
As has been held in the case of Gurcharan Singh v. State of Punjab, the necessary element for the above mention provision are suicidal death and an act of abetment for it. For the offence of abetment, the very intention and the involvement of the accuse to aid or bring about the commission of suicide is necessary.
Presumption of Abetment-
Mention under Section 113-A of the Evidence Act, 1872 provision of the Section can be understand as follows-
- When a married lady commits suicide within a period of 7 years of her marriage
- When the husband or his relative have previously been charge of committee cruelty against the victim, as has been define under Section 498-A of the Indian Penal Code, 1860, the court can raise presumption of the fact that the husband or such relative of the husband could have abet the suicide.
Conclusion
It could be conclude from the above discussion, that the abetment of suicide include instigating the victim as well as aiding the victim in the commission of the act of suicide. However these law must not be interpret strict in a confine manner and each case should be dealt with in accordance to the fact and circumstance of each case so as to ensure justice.
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