Expressing disapproval for marriage does not amount to abetment of suicide: Supreme Court

The Supreme Court has clarified that disapproval of a marriage does not constitute abetment of suicide under Section 306 of the Indian Penal Code (IPC).

A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma made this observation while dismissing a chargesheet against a woman accused of abetting the suicide of another woman, who was reportedly in love with the appellant’s son.

The case stemmed from disputes between the deceased and the appellant’s son, who had declined to marry her. The appellant faced allegations of opposing the marriage and making derogatory remarks about the deceased.

The court noted that even if all the evidence, including the chargesheet and witness statements, were accepted as true, there was no substantial proof against the appellant.

“We find the appellant’s actions too remote and indirect to qualify as an offense under Section 306 of the IPC. There is no allegation suggesting that the appellant created a situation leaving the deceased with no choice but to take the drastic step of suicide,” the bench stated.

The court observed that, based on the records, neither the appellant nor her family exerted pressure on the deceased to end her relationship with the appellant’s son.

“It was the deceased’s family who were against the relationship. Even if the appellant expressed her disapproval of the marriage between Babu Das and the deceased, it does not amount to direct or indirect instigation of suicide.

“Additionally, a remark such as suggesting the deceased should not live if she cannot live without marrying her partner does not meet the threshold for abetment. For a charge under Section 306 of the IPC to stand, there must be a positive act that creates an environment forcing the deceased to take such a step,” the bench explained.