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V.Bhaskaran vs State Of Tamilnadu on 25 August, 2021 cites

Gurcharan Singh vs State Of Punjab on 10 August, 1962

24. Also, in Gurcharan Singh Vs. State of Punjab LNIND 2021 BOM 65 (2020) 10 SCC 200 it is observed that mensrea is to be established. To prove the offence of abetment, as specified under Section 107 IPC, the state of mind to commit a particular crime must be visible, to determine the culpability. In order to prove mens rea, there has to be something on record to establish or show that the appellant herein had a guilty mind and in furtherance of that state of mind, abetted the suicide of the deceased. 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. In order to bring a case within the purview of Section 306 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 20/23 https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6925 of 2016 & Crl.M.P.Nos.3599 and 3600 of 2016 person charged with the said offence must be proved and established by the prosecution before he could be convicted under Section 306 IPC.
Supreme Court of India Cites 7 - Cited by 350 - P B Gajendragadkar - Full Document
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