KAMARUDDIN DASTAGIR SANADI vs STATE OF KARNATAKA THROUGH SHO KAKATI POLICE
Supreme Court
(2024)ACR Ref: 44579, Allowed
CRIMINAL APPEAL NO. 551 OF 2012, DD : 29-11-2024
PANKAJ MITHAL, J., UJJAL BHUYAN J
Penal Code, 1860 — Sections 306 and 417 — Abetment to Suicide — Mens Rea Requirement — The Court reiterates that for a conviction under Section 306 IPC, there must be clear mens rea on the part of the accused to abet the suicide — Merely causing discord or having a broken relationship is not sufficient.
B. Penal Code, 1860 — Sections 306 and 417 — Abetment to Suicide — Active Instigation or Aiding — The Court emphasizes that abetment involves an active mental process of instigating or intentionally aiding the commission of the suicide — Passive behavior or mere refusal to marry, without more, does not constitute abetment.
C. Penal Code, 1860 — Sections 306 and 417 — Abetment to Suicide — Circumstances Leading to Suicide — The Court notes that each case must be decided on its own facts and circumstances — The accused’s actions must have directly led the deceased to feel there was no option but to commit suicide, and this must have been the intended consequence of the accused’s actions.
D. Penal Code, 1860 — Sections 306 and 417 — Abetment to Suicide — Broken Relationships and Heartbreaks — The Court clarifies that while broken relationships and heartbreaks are common, they alone do not constitute instigation or abetment of suicide — There must be evidence of specific acts or omissions by the accused that created a situation forcing the deceased to commit suicide.
E. Penal Code, 1860 — Sections 306 and 417 — Abetment to Suicide — Lack of Evidence of Promise or Physical Relationship — The Court highlights that even if there were allegations of a promise to marry or a physical relationship, the absence of evidence supporting these claims weakens the prosecution’s case for abetment.