'Mere withdrawal of marriage promise not suicide abetment': Kerala HC
The Kerala High Court has held that the "mere withdrawal of a promise to marry without anything more would not amount to abetment of suicide" under Section 306 of the Indian Penal Code (IPC). The ruling came during the hearing of a case involving one Biju Kumar, who was accused of abetting the suicide of his former partner Anju. Justice CS Sudha presided over the hearing.
Relationship breakdown and suicide allegations
The case against Kumar was registered by Anju's sister, who accused him of abetting Anju's suicide. The relationship between Kumar and Anju reportedly soured after he got a government job and allegedly demanded a dowry from her family. After the woman's family was unable to meet the demand, Kumar distanced himself from Anju and arranged to marry another woman. This allegedly caused Anju distress and she died by suicide on October 3, 2013.
Court's interpretation of 'abetment' and reference to past rulings
After Anju's death, an unnatural death report was registered under Section 174 of the Code of Criminal Procedure (CrPC). The probe later accused Kumar under Section 306 IPC on the basis of diary entries by Anju where she expressed betrayal and heartbreak. However, the court clarified that for an act to amount to abetment, there must be clear instigation or intentional assistance compelling the victim to end their life.
Court finds no evidence of active instigation by accused
It cited Supreme Court rulings which mandate a positive act by the accused to instigate or aid in committing suicide for conviction under Section 306 IPC. It observed that her decision to end her life was due to heartbreak over Kumar's conduct and not active instigation by him. The court held that "the materials...do not make out a case that the accused played an active role by an act of instigation or by doing certain acts to facilitate...suicide."
