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Showing contexts for: SUICIDE CASE in Devinder Singh And Another vs Of on 25 September, 2023Matching Fragments
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accused, he or she cannot be convicted under Section 306 IPC. In order to bring a case within the purview of Section 306 IPC, there must be a case of suicide and for the .
commission of such offence, the person who is said to have abetted the commission of offence of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of offence of suicide.
of Therefore, the act of abetment by a person charged with the said offence must be proved and established by the rt prosecution before he could be convicted under Section 306 IPC. Paragraph-16 of the said report is reproduced as under:-
"16. In order to bring a case within the purview of Section 306 of IPC there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under Section 306 IPC."
reactions. In the case of accusation for abetment of suicide, the Court would be looking for cogent and convincing proof of the act/s of incitement to the commission of suicide. In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such of action on the part of the accused which compels the person to commit suicide; and such an rt offending action ought to be proximate to the time of occurrence. Whether a person has abetted in the commission of suicide by another or not, could only be gathered from the facts and circumstances of each case.
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of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role .