Abetment to suicide
#GS2 #Laws #Judiciary
The intention to abet suicide cannot be assumed and it needs to be backed by solid, visible proof, the Supreme Court held in a judgment.
What is ‘abetment to suicide’?
- ‘Abetment’ is defined in Section 107 of the Indian Penal Code (IPC). Its ingredients consist of instigating a person or to intentionally aid a person to do or not do something. Similarly, the crime of ‘abetment of suicide’ under Section 306 of the IPC involves instigating or actively aiding a person to take his own life.
What did the Supreme Court say?
- The police cannot assume the intention (mens rea) of the abettor of a suicide. It has to be evident, it held.
- 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.
- The ingredient of mens rea cannot be assumed to be ostensibly present but has to be visible and conspicuous.