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"Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by the Supreme Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide." 
                     The     act    of      the      accused,          however,
                     insulting        the          deceased         by        using
abusive language will not, by itself, constitute the abetment of suicide.

There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide are satisfied, accused cannot be convicted under Section 306 I.P.C."

26. Having regard to the provisions of Sections 107 and 306 of the Indian Penal Code and the principle laid down by the Hon'ble Supreme Court in various decisions referred to in the case of Lalitbhai NEUTRAL CITATION R/CR.MA/1595/2019 CAV JUDGMENT DATED: 24/07/2024 undefined Vikramchand Parekh Vs. State of Gujarat delivered in Criminal Misc. Application No.16032 of 2014 & allied matters decided on 10th April, 2015, it is apparent that in a case under Section 306 of the IPC, there should be correct mens rea to commit the offence under this section and there should be direct and active role by the accused, which led the deceased to commit the suicide, that is to say that there cannot be same evidence of "instigation" or "initial assistance" by the accused to commit suicide by the victim/deceased. Further in order to bring the case within the purview of 'Abetment' under Section 107 of the IPC, there has to be an evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused, which in the facts of the present case, is lacking.

Explanation 1. --A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing."

28. In the facts of the present case, clause secondly and thirdly in Section 107 will have no application. Now, the question remains is as to whether the applicants instigated the deceased to commit suicide. To attract the first clause, there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. Hence, the accused must have mens rea to instigate the deceased to commit suicide. The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide. Such instigation must be in close proximity to the act of committing suicide. In the present case, taking the contents of the FIR and the statements of the witnesses as correct, it is impossible to conclude that the applicants instigated the deceased to commit suicide. By no stretch of the imagination, the alleged acts of the applicants can amount to instigation to commit suicide.