Section 306 Ipc Case Laws

It should come on record that such conduct crated immense disturbance and resulted in psychological imbalance and any normal and reasonable human being would have also been compelled to suicide due.

Section 306 ipc case laws. 25 september 2008 the basic constituents of an offence s 306 ipc are suicidal death and abetment thereof. The court gave out a caution that all courts should be meticulous. It states that whoever abets the commission of suicide shall be punished with imprisonment which can extend upto 10 years alongwith fine.

Fight against legal terrorism gender biased laws like 498a domestic violence custody divorce and false rape sexual harassment cases mens rea for section 306 ipc cannot be assumed husband acquited in wife to suicide mynation knowledgebase. Arjun singh v state of himachal pradesh 2009 4 s c c. 3 ramesh kumar.

Section 306 of ipc provides for the offence of abetment of suicide. Control of a victim by the person disposing is necessary for a conviction but evidence of a monetary transaction is not. Suicide is a fact and not a presumption.

Abetment of suicide 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. Central government act section 306 in the indian penal code 306. Suicide means intentional killing of oneself.

A case for the offence punishable under section 306 of ipc was registered by the police based on the above allegations. The applicants herein had been accused of instigating their parents to commit suicide by their sister sister in law. Criminal appeal no 40 of 2011.

In context of section 306 ipc the important facet is what the accused intended and not what the deceased felt. Important case laws in section 306. Ingredients of suicide would be satisfied only when the suicide is committed by the deceased due to direct encouragement or incitement of accused leaving no option but to commit suicide.