Presence of mens rea is necessary concomitant of instigation in cases of abetment to suicide u/s 306 IPC, reiterates Punjab & Haryana HC

Read Order: Maam Gujjar @ Maam Hussain v. State of Punjab 

Monika Rahar

Chandigarh, February 1,  2022: While deciding an application for grant of anticipatory bail in an alleged case of ‘abetment to suicide’, the Punjab and Haryana High Court referred to its Coordinate bench decision State of Punjab v. Kamaljit Kaur @ Bholi and another, 2008(2) RCR (Criminal) 562, to reiterate that the word ‘instigate’ denotes incitement or urging to do some drastic or unadvisable action and the presence of mens rea is a necessary concomitant of instigation. 

The Bench of Justice Vikas Bahl was approached by the petitioner for the grant of anticipatory bail in respect of an FIR registered against him under Section 306 of IPC, at the instance of the wife of the deceased. The wife alleged in her statement that the deceased consumed a poisonous substance as the petitioner was threatening to kill the family of the deceased.

The petitioner’s counsel submitted that FIR was registered merely on the basis of suspicion and there was no prima facie material to connect the petitioner with the said suicide. It was further argued that neither there was any suicide note nor any dying declaration and that the deceased did not make any complaint against the petitioner for any such alleged threat. It was also his case that the Police enquiry found no involvement of the petitioner and that the mobile number mentioned in the FIR did not even belong to the petitioner. 

Lastly, the counsel contended that even if the allegations in the FIR were taken on its face value, then also, they would not constitute the offence under Section 306 of IPC as the ingredients of abetment under Section 107 of IPC were not attracted and thus, the offence of abetment was not made out.

On the contrary, the State Counsel opposed the grant of anticipatory bail to the petitioner on the ground of pending inquiry against the petitioner. 

The Court outrightly made reference to its Coordinate Bench decision in Kamaljit Kaur Case(Supra) wherein a father-son duo committed suicide while levelling allegations of bad character and illicit relations of the wife-mother with other men, in their suicide note.

After considering Sections 306 and 107 of IPC, it was observed therein that even where the wife is alleged to be a woman of easy virtue, then also, it cannot be said that she has instigated or aided the commission of suicide and in case the husband was feeling harassed or mentally disturbed due to such illicit relationship, then the harassment and mental disturbance would not constitute the offence of abetment. 

Further, while grating relief of discharge from the case to the wife in the aforementioned case, it was also stated that a person may be a bad wife but her conduct was not for the purpose to incite the deceased to commit suicide and, thus, abetment of suicide in such a case cannot be inferred. 

Regarding the factual situation of the present case, it was observed by the Court that FIR was registered solely on the basis of suspicion. Neither, there was any suicide note nor any dying declaration nor the deceased had made any complaint regarding any alleged call of a threat made by any person. Further, the Court also considered the fact that the Batala Police, after conducting an inquiry in the matter, recorded a finding of non-involvement of the petitioner. 

Although the said enquiry was still pending approval with SSP, Batala, the Court found that the custodial interrogation of the petitioner would not be required, more so, when the mobile number using which threats were given to the deceased did not belong to the petitioner (as contended by his counsel).

Further, on the offence of abetment to suicide, the Bench opined, “The question, as to whether, even in case, the allegations in the FIR are taken on its face value, the offence under Section 306 of IPC is made out or not, would be a matter of trial and keeping in view the judgment of Coordinate Bench of this Court in State of Punjab Vs. Kamaljit Kaur’s case (Supra), the present petition is allowed and in the event of arrest, the petitioner is granted the concession of anticipatory bail…” 

Thus, the petitioner was granted the relief of anticipatory bail.