The Supreme Court has said expressing disapproval
for marriage does not amount to abetment of suicide under section 306 of the
Indian Penal Code (IPC).
A bench of Justices B V Nagarathna and Satish
Chandra Sharma made the observation while quashing a chargesheet against a
woman who was accused of abetting the suicide of another woman who was
allegedly in love with her son.
The allegations were based on disputes between the
deceased and the appellant's son, who had refused to marry her. The appellant
was accused of opposing the marriage and making disparaging remarks against the
deceased.
The court said even if all evidence on record,
including the chargesheet and witness statements, are taken to be correct,
there is not an iota of evidence against the appellant.
"We find that the acts of the appellant are too
remote and indirect to constitute the offence under section 306, IPC. There is
no allegation against the appellant of a nature that the deceased was left with
no alternative but to commit the unfortunate act of suicide," the bench
said.
The court said it is discerned from the record that
the appellant, along with her family, did not attempt to put any pressure on
the deceased to end the relationship between her and the appellant's son.
"In fact, it was the deceased's family that was
unhappy with the relationship. Even if the appellant expressed her disapproval
towards the marriage of Babu Das and the deceased, it does not rise to the
level of direct or indirect instigation of abetting suicide.
"Further, a remark such as asking the deceased
to not be alive if she cannot live without marrying her lover will also not
gain the status of abetment. There needs to be a positive act that creates an
environment where the deceased is pushed to the edge in order to sustain the
charge of section 306, IPC," the bench said.