Current Affairs

Source: Chhattisgarh High Court

Why in News?

Recently, the High Court of Chhattisgarh in the case of Ku. Pooja Chopra & Ors. v. State of Chhattisgarh has held that if a lover commits suicide due to failure in a romantic relationship, his partner cannot per se be held to have abetted the commission of the suicide.

What was the Background of Ku. Pooja Chopra & Ors. v. State of Chhattisgarh Case?

• On 28^th January 2023, Police received an intimation regarding unnatural death of deceased Abhishek Naredi.
• In the course of inquiry, a suicide note left behind by deceased was seized, in which allegations were made against present applicants.
• As per contents of suicidal note, deceased and applicant were in love for about 5 to 7 years, suddenly applicant broke relation with deceased, refused to marry him, developed love affair with some other boy.
• On the basis of aforesaid suicidal note, Police registered offence under Section 306 of Indian Penal Code, 1860 (IPC) against applicants.
• The learned Additional Sessions Judge came to conclusion that prima facie charge under Section 306 of IPC is made put against the applicant.
• Feeling aggrieved by which, the applicants have preferred a criminal revision before the High Court of Chhattisgarh.
• The High Court quashed the order passed by the learned Additional Sessions Judge.

What were the Court’s Observations?

• The Single Bench of Justice Parth Prateem Sahu also observed that if a lover commits suicide due to love failure, if a student commits suicide because of his poor performance in the examination, a client commits suicide because his case is dismissed, the lady, examiner, lawyer respectively cannot be held to have abetted the commission of suicide. For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.
• It was further held that the deceased had written in suicide letter about the threats given by applicants, but, in the opinion of this Court, nature of threat mentioned in the suicide letter written by deceased are not of such an alarming proportion so as to drive a normal person to contemplate suicide.

What is Section 306 of IPC?

• About:
  • Section 306 of IPC deals with the Abetment of suicide.
  • It states that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
  • A bare reading of above provision would demonstrate that for an offence under Section 306 of IPC, there are twin requirements, namely, suicide and abetment to commit suicide.
  • Commission of suicide is not made punishable not because the commission of suicide is not culpable, but for the reason that the person culpably responsible would have departed from this world before he can face any indictment.
  • Whereas abetment of commission of suicide is viewed very seriously by law.
• Case Laws:
  • In the case of Randhir Singh & Ors v. State of Punjab (2004), the Supreme Court held that Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. A more active role, which can be described as instigating or aiding the doing of a thing is required before a person can be said to be abetting the commission of offence under Section 306 of IPC.
  • In the case of Amlendu Pal @ Jhantu v. State of West Bengal (2010), the Supreme Court observed that the Court has consistently taken the view that before holding an accused guilty of an offence under Section 306 IPC, the court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life