Source: Madhya Pradesh High Court

Why in News?

Recently, the Madhya Pradesh High Court in the matter of Khairu @ Satendra Singh Rawat v. the State of Madhya Pradesh and Others has held that to constitute a charge for abetment of suicide there must be an actual intention and mere occasional harassment, or misbehavior does not amount to abetment of suicide.

What was the Background of the Khairu @ Satendra Singh Rawat v. the State of Madhya Pradesh and Others Case?

• In this case, Vandana (deceased) was the wife of Vikram, found dead hanging from a ceiling fan with Saree's help.
• First Information Report (FIR) was filed against a person (petitioner in this case) and against the husband for abetting the suicide by the relatives of the deceased and were charged under Section 34 and Section 306 of Indian Penal Code, 1860 (IPC).
• It was alleged that the petitioner and the husband used to misbehave with the deceased and the husband used to manhandle the deceased after intoxication.
• The case was presented before the Trial Court where it was held that the petitioner and the co accused (Vikram) are liable under the charges to harass and instigate the deceased to commit suicide.
• Aggrieved by the decision the petitioner preferred a criminal revision to the Madhya Pradesh High Court on the ground that there were no intentional instigations or acts done to abet the suicide.

What were the Court’s Observations?

• The Madhya Pradesh High Court referred to various landmark cases to conclude the decision of this case.
• The Madhya Pradesh High Court noted that the overt act of accused person must be of such a nature where the victim had no option but to commit suicide.
• It was further added by the High Court that even assuming the petitioner misbehaved with deceased, the conduct does not fall within "incitement" or "instigation".
• The Madhya Pradesh High Court followed by the above the observations overturned the decision of the Trial Court and held that the charges framed against the petitioner and the co accused holds no prima facie evidence and therefore accepted the Criminal Revision.

What is Abetment of Suicide?

About:

• Section 306 of IPC deals with the Abetment of suicide whereas the same provision has been covered under Section 108 of the Bharatiya Nyaya Sanhita, 2023(BNS).
• It states that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
• A bare reading of above provision would demonstrate that for an offence under Section 306 of IPC, there are twin requirements, namely, suicide and abetment to commit suicide.
• Commission of suicide is not made punishable not because it is not culpable, but because the person responsible would have departed from this world before he can face any indictment.
• Whereas abetment of commission of suicide is viewed very seriously by law.

History

• During the ancient times India has the tradition of Sati, where a Hindu women used to burn herself on the death of her husband.
• This tradition was considered the purest form of ending a woman’s life.
• To eliminate such practices in the name of tradition, the provisions of suicide were added.
• Further the ill treatments by the in-laws for not bringing dowry and due to harassment and cruelty on woman by the husband or by the in laws leads to introduction of abetment of suicide.

Position under IPC

• The punishment for abetment of suicide is given under Section 306 of the IPC as
• If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Position under BNS

• The punishment for abetment of suicide is given under Section 108 of the BNS as
  • If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

What is Abetment?

• About:
  • If any person compels, instigates, provokes someone to take his/her own life.
  • The act of abetment of suicide is a mental act of assisting and encouraging someone to commit suicide.
• Legal Provision:
  • Section 45 of BNS and earlier Section 107 of IPC defined abetment as
  • A person abets the doing of a thing, who—
    • instigates any person to do that thing; or
    • engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
    • intentionally aids, by any act or illegal omission, the doing of that thing.
  • Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.
  • Explanation 2 : Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.
• Landmark Judgements
  • Gangula Mohan Reddy v. State of Andhra Pradesh (2010): The Supreme Court in this case observed that
    • Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing.
    • Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
    • There has to be a clear mens rea to commit the offence.
    • It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide.
  • Sanju @ Sanjay Singh Sengar v. State of Madhya Pradesh (2002): The Supreme Court in this case observed that there was no evidence that the accused provoked, incited or encouraged deceased to commit suicide so, it cannot be presumed that deceased was so frightened that he had no option left except committing suicide and was compelled to do so.

What is the Position of Attempt to Suicide in Law?

• Criminalization
  • The criminalization of attempt to suicide is based on two aspects:
    • Whether it was voluntary?
    • Whether it was abetted?
  • The Indian Legal System criminalizes any person who attempts to commit suicide which disturbs the public order.
  • It is considered a crime against the state and shall be punished with imprisonment for a term not exceeding 10 years under Section 309 of IPC
• Demand for Decriminalization
  • The concept of punishing the tortured is often contested by various activists and jurists.
  • The concept does not promote suicide rather it promoted transition of a individual who has attempted suicide.
  • It can also be said that decriminalization will lead to more open discussions by the people who are suicidal or have such mental distress that it leads them to attempt suicide.
  • Decriminalization of attempts of suicide will increase the chances of healing of the person by taking medical help on time.
• Euthanasia & Abetment of Suicide
  • The word Euthanasia is derived from the Greek words “eu” and “thanotos” which literally mean good death and is otherwise described as mercy killing.
  • It is further classified as Active and passive.
  • Abetment of suicide cannot be considered as good death rather it is an act where a person pushes someone to commit suicide by causing mental or physical or emotional distress.