Case Title: Mariano Anto Bruno V. Inspector of Police
The Supreme Court reaffirmed that in order to be found guilty under Section 306 of the Indian Penal Code, affirmative conduct on part of the accused that occurred close to the time of suicide and that caused or induced the deceased to commit suicide must be proven.
The bench of Justices MR Shah and Krishna Murari stated that while deciding cases of aiding in suicide, a court of law should not be motivated by feelings or opinions but rather should examine the facts and available evidence.
The spouse and in-laws of the deceased, who had been concurrently found guilty by the Trial Court and Madras High Court under Sections 498A and 306 IPC, were cleared by the court, which made this observation. The prosecution's case against them was that they all wanted further dowries after their marriages, beat and humiliated her for not becoming pregnant, and made her drink cow urine under the guise of Puja. Additionally, the abuse, harassment, and instigation by the accused persons escalated following the abortion of the second pregnancy in 2014, which resulted in suicide.
The Court observed that, "To convict a person under Section 306 IPC, there has to be clear mens rea to commit the offence. It also requires an active act or direct act which leads deceased to commit suicide finding no other option and the act must be such reflecting the intention of the accused to push deceased into such a position that he commits suicide. The prosecution has to establish beyond reasonable doubt that the deceased committed suicide and that Appellant No. 1 abetted the commission of suicide of the deceased. In the present case, both the elements are absent."
This Court has time and again reiterated that before convicting an accused under Section 306 IPC, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life. It is also to be borne in mind that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, a conviction in terms of Section 306 IPC is not sustainable.
Regarding the charge under Section 498A IPC, the bench noted that there is no additional evidence to support the claim of any dowry demand or ill-treatment meted out to the deceased during her marriage, except for the statement of the prosecution witnesses recorded after the incident.
As a result, the bench upheld the appeal and cleared the defendant.