Abetment to Suicide

Safeguarding the sanctity of life has been an essential condition in the minds of Indian
Legislators while drafting any law. Besides ensurig a healthy existence to human life, it also
focuses on safeguarding the life itself. The level of regard shown towards a man's life by state is
best clarifed by the way that it just does not disallows a man from taking someone's life but also
adds punishments to the man who himselfs tries to put an end to his life by means of suicide. The
previous is made punishable under Culpable Homicide which is given in Section 302 and the
latter under Section 309 of the India Penal Code. Just not this, but it also lays punishments for
the ones who abets and assistes any other person in the commission of suicide.

Important Ingredients of Section 306

Indian Penal Code, Section 306 talks about abetment of suicide and defines it as- “If any person
commits suicide, whoever abets the commission of such suicide, shall be punishable with such
imprisonment of either description of a term which may extend to 10 years, and shall also be
liable to fine.” To reach to a successful conviction under this section, it is necessary that its three
essential ingredients are fulfilled i.e.
The deceased should die of suicide
The accused should have assisted or abetted the deceased to commit suicide.
The alleged involvement of the accused should be direct in nature.

Interpretation of 'Instigation'

In a landmark judgement of Ramesh Kumar v. State of Chattisgarh(Appeal (crl.) 617 of 2000

), it was said that 'instigation' is inferred from a list of acts on the part of accused that resulted in
the creation of such conditions where the deceased had no other choice left with him/her, other
than committing suicide. This list of acts may incorporate the utilization of force, words,
conduct, wilful oversight or deeds or so far that is concerned, even silence of the accused in
order to annoy or bother the deceased which resulted in the commission of suicide as the kast
option.This overt at needs to essentially be combined with a corresponding component called the
“mens rea” to encourage the deceased to commit suicide. In any case, ina list of judgements it
has been noted by the Apex Court that the use of the word 'Instigation' should not be confused
with 'intimidation.' Intimidation may subsequently result in frightening the person on the
recieving end which may make him/her to reciprocate while explanations as a result of
instigation may incite or urge the deceased to cause his death.
So far as the first ingredient of Section 306 is concerned, i.e., the deceased should have
committed suicide, the Hon'ble Supreme Court in a landmark judgement of , Section 306
proclaims a person punishable of abetment to suicide only on the condition that the suicide is
comitted. This is necessary because it is feasible to abet the commission of suicide and not just
an attempt in furtherance of the same. It would be unreasonable if law would punish such
attempts also.