If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Understanding the Section
Section 306 of the Indian Penal Code (IPC) talks about the crime of abetment of suicide of a person. This provision intents to punish any person who intentionally causes or aids another person to commit suicide. This provision is only triggered when a person has actually died by suicide, and there is a person who was legally responsible for the abetting act at the time of death.
Section 306 serves the function of deterring those who are inducing, or otherwise taking advantage of, the vulnerable to commit the most extreme of actions. Committing suicide is one thing, but assisting and causing others to commit suicide is a very serious offence.
Essential Ingredients
To be held liable under Section 306 IPC, the following must be established:
1. Commission of Suicide
- There must be a clear act of suicide committed by the alleged victim.
- The prosecution must establish that the death was accomplished by self-action and the result of a deliberate act.
2. Abetment by the Accused
- The accused must have abetted the suicide by instigating, or assisting the alleged act.
- As used here, abetment involves some kind of act on behalf of the accused, like provoking, assisting or encouraging in the commission of the alleged suicide.
3. Link Between Abetment and Suicide
- There must be a direct or proximate link between the act of suicide and the actions or implantation by the accused.
- The mere act of some kind of harassment, or offhand comment that did not directly instigate the act of suicide are insufficient.
Punishments
The punishment as prescribed under Section 306 IPC is:
- Imprisonment of either description (simple or rigorous) for a term that may extend to 10 years, or
- Fine, or
- Both
The punishment reflects the seriousness of driving a person to take his own life.
Explanation of Abetment
Abetment, as defined under Section 107 IPC, pertains to:
- Instigating to do a thing,
- Conspiring to do a thing, or
- Aiding to do that act, intentionally, by the act or by illegal omission.
In the context of suicide:
- Instigation means inducing or encouraging the victim to commit suicide. It may involve severe or persistent harassments, threats, humiliation, or telling the victim to take his own life.
- Conspiracy, means agreeing with two or more people, to assist him or her, to commit suicide.
- Intentional aiding, is when they provide the means, instruments, tools or aid to the person that occurs from them, having knowledge of the successful act.
The prosecution must prove that it was not an automatic act, but they are engaging in the act and it was the accused that intentionally pushed the victim toward suicide.
Examples
- For instance, if A continuously tortures and humiliates B, telling B over and over again that he is worthless and he should die, and then B goes out and kills himself, A does have liability under Section 306 IPC because A’s act of instigating B was a direct cause of B ending up killing himself.
- C helps D get poison, knowing D wants to commit suicide and encourages D to commit suicide. D takes the poison and dies. C is guilty of abetment of suicide.
- E and F plan with each other to help G commit suicide by supplying G with a weapon and making arrangements for the suicide. G dies by suicide. E and F are liable under Section 306 IPC read with Section 107 IPC.
Case Laws
Gurbachan Singh v. Satpal Singh (1990)
The Supreme Court decided that a husband subjecting his wife to persistent torture and cruelty, leading her to commit suicide, constitutes abetting under Section 306 IPC.
Chitresh Kumar Chopra v. State (NCT of Delhi) (2009)
The Court outlined that the term instigation encompasses active encouragement or suggestion to commit suicide, regardless of it being direct or indirect, as long as it is sufficiently severe to make the victim act in this capacity.
Gian Kaur v. State of Punjab (1996)
The Bench recognized the validity of Section 306 IPC, indicating that abetting suicide is a separate offence and does not violate the right to life.
Madan Mohan Singh v. State of Gujarat (2010)
The Supreme Court decided that an employee merely reprimanding or conflict situations in the workplace do not establish abetting unless proven that the someone meant to persuade the other to take the suicidal act.
Key Points
- There is no presumption in cases of abetment of suicide; establishing the mental intention of the accused as well a causal link is necessary for the prosecution to meet its burden of proof.
- The victim’s mental status, background and circumstances surrounding the act is an important issue.
- In abetment of suicide of married women, Section 113A of the Indian Evidence Act makes it possible for a presumption to be made of abetment by the husband and in-laws when the victim kills herself within seven years of the marriage and if cruelty is established.
- Words or emotional manipulation can lead to instigate someone to commit suicide, but it would rely on the strength and persistence of those words to determine whether the crime has occurred.
Ultimately, the purpose of Section 306 IPC is to find those who behaved willfully to compel another person to take his/her own life. It is a sensitive charge in nature, with a purpose to protect people’s rights against mental cruelty, exploitation or inciting individuals to commit suicide.