The High Court has ruled that merely uttering the words “go away and die” during a verbal altercation does not amount to abetment of suicide under Section 306 of the Indian Penal Code (IPC), unless there is clear intent to instigate the act.
The ruling was delivered by Justice C Pratheep Kumar while allowing a petition filed by a native of Kasaragod, who had sought discharge from a case linked to the suicide of a woman in September 2023.
Background of the case
According to the prosecution, the petitioner was allegedly in an illegal relationship with a married woman. Though the woman was aware that the man intended to marry someone else, she reportedly questioned him about it, leading to a heated verbal quarrel.
During the argument, the petitioner allegedly scolded the woman and told her to “go away and die”. The prosecution claimed that the woman, allegedly disturbed by his conduct, later jumped into a well along with her five-and-a-half-year-old daughter, resulting in their deaths.
The man was booked under Section 306 of the IPC for abetment of suicide.
Court emphasises intent over perception
The petitioner had earlier approached the sessions court seeking discharge, but the plea was dismissed, prompting him to move the High Court.
While allowing the petition, the court observed that in cases of abetment of suicide, what is crucial is the intention of the accused and not the emotional response or perception of the deceased.
Justice Pratheep Kumar noted that the words were spoken in the course of a heated quarrel and were not accompanied by any intention to provoke or instigate suicide. The court held that such utterances, without mens rea, do not fulfil the essential ingredients required to constitute an offence under Section 306 IPC.
Petitioner discharged
In view of the observations, the High Court allowed the petition and discharged the accused from the offences alleged against him.
The ruling reiterates the legal principle that criminal liability for abetment cannot be inferred solely from harsh words spoken in anger, without demonstrable intent to drive a person to suicide.