..., are liable to be quashed, as even if the allegations contained in the charge- sheet are taken at face value, the essential ingredients of "abetment of suicide" under Section 306 IPC are not made.... Mere harassment, family discord, or general allegations of ill- treatment are insufficient in law to bring home the charge of abetment. In support of his arguments, learned counsel placed reliance in the matter .... It is settled law that in order to constitute an offence under Section 306 IPC, there must be a clear case of "instigation, active aid, or direct participation" by the accused in the act of suicide...

..., are liable to be quashed, as even if the allegations contained in the charge- sheet are taken at face value, the essential ingredients of "abetment of suicide" under Section 306 IPC are not made.... Mere harassment, family discord, or general allegations of ill- treatment are insufficient in law to bring home the charge of abetment. In support of his arguments, learned counsel placed reliance in the matter .... It is settled law that in order to constitute an offence under Section 306 IPC, there must be a clear case of "instigation, active aid, or direct participation" by the accused in the act of suicide...

...the petitioner, as recorded therein, would satisfy the essential ingredients of abetment of suicide under Section 108 of the BNS, 2023. 10. It is well settle...would satisfy the essential ingredients of "abetment" as defined under Section 45 of the Bharatiya Nyaya Sanhita, 2023, so as to attract Section 108 thereof. The note does not reveal that the petitioner ha...attract Section 108, there must be a demonstrable act of "abetment" as defined in Section 45 of the BNS, 2023. Abetment, in the context of suicide, is constituted only when there is...

...the deceased to take the extreme step of committing suicide.7. The essential ingredients of the offence under Section 306 IPC are: (i) the abetment; (ii) the intention ...suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit....3. Upon consideration of oral evidence and suicide note (MO 1), the trial court held that the prosecution has established the guilt of the accused under Section 306 IPC and...

...personally to the petitioner. Therefore, as to whether all the essential ingredients of abetment of suicide are complete and whether the penal provisions of section 306 IPC are attracted ...he committed suicide. The knowledge, intention, mens rea, positive active participation leaving no option and compelling a person to commit suicide, inter-alia, are the essential ingredients to...committed suicide by consuming aluminium phosphate and the accused had abetted the commission of crime of suicide. In the background of these allegations, the CBI has registered and investigated a fresh...

.... These testimonies fail to establish the essential ingredients of abetment of suicide or intimidation under Section 506 IPC. 27. The deposition of PW-...intent to cause alarm, threatened the deceased with injury to his person or reputation. In the present case, the prosecution evidence falls short of proving these essential ingredients beyond reasonable doubt. ...ingredients for drawing a presumption of abetment of suicide are not proved. 21. The Apex Court in the matter of Mariano Anto Bruno & Anr. v...

.... (2019) 3 SCC 315, a two-Judge Bench of this Court has expounded the ingredients of Section 306 IPC in the following words:—“The ...accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C...in discharge of his moral or legal duty without their being any circumstances to even remotely indicate that there was any intention on his part to abet the commission of suicide by one of his own pupil, no mens re...

...presumed to be true, there is no allegation of abetment to commit suicide, which is one of the essential ingredients of Section 306 IPC. Learned counsel for the applicant placed reliance ...B.A.1 No. 1431 of 2014 U.C. Dhyani, J. Mrs. Pushpa Joshi, Sr. Advocate assisted by Mr. Amit Kapri, Advocate for the applicant.... Mr. S.S. Adhikari, Brief Holder for the respondent State. Applicant, who is in jail in connection with case crime no. 12 of 2014, under Sections 306, 328 IPC, registered at...

...the petitioner primarily contends that on prima facie reading of material collected by the prosecution pursuant to the alleged impugned FIR the essential ingredients of abetment to suicide are not...306 of IPC (supra) discloses the existence of two essential ingredients for establishing an offence of abetment to commit suicide. The first is factum of suicide by the ...constitute abetment as defined u/s. 107 of IPC. 7. In sum and substance learned counsel for the petitioner urges that the basic ingredients of abetment as defined u/s. 107 of IPC...

...to the alleged impugned FIR the essential ingredients of abetment to suicide are not made out. It is further contended by the petitioner that mere making of demand for re-payment of loan ...." MCRC No.1658/2015 13. Bare reading of Section 306 of IPC (supra) discloses the existence of two essential ...petitioner urges that the basic ingredients of abetment as defined u/s. 107 of IPC are not made out as there is no link much less alive or proximate link between suicide and alleged action of the ...

...act of abetment of suicide. Learned counsel submitted that the essential ingredients of the offence under Section 306 IPC viz. (i) abetment; (ii) intention of the accuse...the accused by any act intended to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, the accused cannot be charged under Section...implicated in a false case. Learned counsel submitted that a suicide note has also been recovered and from perusal of the same, it would be evident that the petitioner and appellant are not guilty of the...

...act of abetment of suicide. Learned counsel submitted that the essential ingredients of the offence under Section 306 IPC viz. (i) abetment; (ii) intention of the accuse...the accused by any act intended to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, the accused cannot be charged under Section...implicated in a false case. Learned counsel submitted that a suicide note has also been recovered and from perusal of the same, it would be evident that the petitioner and appellant are not guilty of the...

...disclose the essential ingredients of the offence of abetment to suicide.4. The offence of Section 306 IPC is directly founded upon the concept of ...further necessary that the cause of suicide and the suicide should be in close proximity of time to each other. Long time gap between the two, renders all essential links, weak, vague and doubtful....act or omission, then the person causing instigation, doing or omitting to do or aiding can be held responsible for abetment to suicide. The Apex Court has succinctly explained the parameters of...

.... Learned counsel for the petitioner primarily contends that on prima facie reading of material collected by the prosecution pursuant to the alleged impugned FIR the essential ingredients of abetment to...306 of IPC (supra) discloses the existence of two essential ingredients for establishing an offence of abetment to commit suicide. The first is factum of suicide by t...person so as to constitute abetment as defined u/s. 107 of IPC. 6. In sum and substance learned counsel for the petitioner urges that the basic ingredients of abetment as defined u...

...facie reading of material collected by the prosecution pursuant to the alleged impugned FIR the essential ingredients of abetment to suicide are not made out. It is further contended by the...existence of two essential ingredients for establishing an offence of abetment to commit suicide. The first is factum of suicide by the deceased and the other is the act ...instance of close and proximate link between the act constituting abetment and suicide is essential for an offence u/S.306 of IPC to be made out even on a prima-facie basis. This link in the present...

...on prima facie reading of material collected by the prosecution pursuant to the alleged impugned FIR the essential ingredients of abetment to suicide are not made out. It is further contended by t...said to instigate the doing of that thing." 11. Bare reading of Section 306 of IPC (supra) discloses the existence of two essential ingredients for establishing an offe...case, the factum of suicide is undisputed. 13. Now it remains to be seen whether the basic ingredients of abetment as defined in Section 107 of IPC are made out or not...

...submitted that on basis of above referred suicide note, essential ingredients of offence of abetment of suicide are absolutely not made out. He further refers judgments ...circumstances, the Court takes note of above referred Prabhu (supra) and Arnab Manoranjan Goswami (supra) that in case, the basic ingredients of abetment of suicide are missing and contents ...committed suicide on 1 06.02.2019 and present applicants have committed offence of abetment of suicide...

...abetment, provocation or instigation to commit suicide and the essential ingredients of Section 306 of the Indian Penal Code are not attracted. It is also submitted that the suicide note ...a day after the incident and the suicide note is fishy and dubious in nature and moreover the name of the present applicant has not been mentioned in the alleged suicide note. It is submitted that...looking to the nature and gravity of the offence. Learned APP further ascertained that the name of applicant is not there in suicide note. [5] I have heard learned...

...the petitioner by any of his act instigated or abetted the deceased to commit suicide. Learned counsel submitted that the essential ingredients of the offence under Section 306 IPC i.e. ...the essential ingredients of instigation/abetment to commit suicide are not satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclin... HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous...

...is no other evidence available on record to show that essential ingredients of Section 107 IPC can be attracted, therefore, it cannot be said that present appellant had instigated, provoked, incited, urged or encouraged the...of 2024 Applicant :- Smt Sunita Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vineet Singh....891 of 2022, under Section 306 IPC, Police Station Gagal Heri, District Saharanpur. 3. Learned counsel for the applicant submits that it is a complaint case. A complaint has been...