Indian Penal Code. Sections 107 & 306. Ingredients. “The accused must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide”. Law on the point discussed. Supreme Court.

Arnab Manoranjan Goswami vs The State of Maharashtra & Ors. Criminal Appeal 742/2020 decided on 27 November 2020.

Judgment Link: https://main.sci.gov.in/supremecourt/2020/24646/24646_2020_33_1501_24858_Judgement_27-Nov-2020.pdf

Relevant paragraphs: 47 .The first segment of Section 107 defines abetment as the instigation of a person to do a particular thing. The second segment defines it with reference to engaging in a conspiracy with one or more other persons for the doing of a thing, and an act or illegal omission in pursuance of the conspiracy. Under the third segment, abetment is founded on intentionally aiding the doing of a thing either by an act or omission. These provisions have been construed specifically in the context of Section 306.

These provisions have been construed in the earlier judgements of this Court in State of West Bengal vs Orilal Jaiswal (1994) 1 SCC 73, Randhir Singh vs State of Punjab (2004) 13 SCC 129, Kishori Lal vs State of MP(2007) 10 SCC 797, Kishangiri Mangalgiri Goswami vs State of Gujarat (2009) 4 SCC 52 and Amalendu Pal vs State of West Bengal (2010) 1 SCC 707. The Court noted that before a person may be said to have abetted the commission of suicide, they ―must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Instigation, as this Court held in Kishori Lal (supra), ―literally means to provoke, incite, urge on or bring about by persuasion to do anything.

In S S Chheena vs Vijay Kumar Mahajan23 two judge bench of this court observed. – ―“25. 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 this 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.“

Note: Please read paragraphs 47 to 54 of this judgment on this point .

Compiled by S. Basavaraj, Advocate, Daksha Legal.