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1 - 7 of 7 (0.64 seconds)Section 107 in The Indian Penal Code, 1860 [Entire Act]
Ramesh Kumar vs State Of Chhattisgarh on 17 October, 2001
9.2 Section 306 of the IPC stipulates "Abetment of suicide". The
parameters of "abetment" have been stated in Section 107 of the
IPC, which defines "abetment of a thing". As per the Section, a
person can be said to have abetted in doing a thing, if he, firstly,
instigates any person to do that thing; or secondly, engages with
one or more other person or persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in
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R/CR.MA/10560/2020 JUDGMENT DATED: 16/07/2021
pursuance of that conspiracy, and in order to the doing of that
thing; or thirdly, intentionally aids, by any act or illegal omission,
the doing of that thing. Thus, it manifests that under all the three
eventualities, the direct involvement of the person or persons
concerned in the commission of offence of suicide is essential to
bring home the offence under Section 306 of the IPC. The Apex
Court in the case of Ramesh Kumar Vs. State of Chhattisgarh.
(2001) 9 SCC 618 has held that instigation is to goad, urge
forward, provoke, incite or encourage to do "an act". To satisfy the
requirement of "instigation", though it is not necessary that actual
words must be used to that effect or what constitutes "instigation"
must necessarily and specifically be suggestive of the consequence.
Yet a reasonable certainty to incite the consequence must be
capable of being spelt out. Where the accused had, by his acts or
omission or by a continued course of conduct, created such
circumstances that the deceased was left with no other option
except to commit suicide, in which case, an "instigation" may have
to be inferred. It is asserted by the Apex Court that "A word
uttered in a fit of anger or emotion without intending the
consequences to actually follow, cannot be said to be
instigation."
The Indian Penal Code, 1860
Section 438 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 114 in The Indian Penal Code, 1860 [Entire Act]
Sushila Aggarwal vs State (Nct Of Delhi) on 29 January, 2020
[8] This Court has also taken into consideration the law laid down
by the Apex Court in the cases of Sushila Aggarwal vs. State (Nct of
Delhi), AIR 2020 SC 831 and Siddharam Satlingappa Mhetre vs
State of Maharashtra, A.I.R. 2011 S.C. 312.
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