A prior assault, without proximate instigation or mens rea, does not establish abetment of suicide.

The prosecution alleged that on 13 April 2009, the appellants objected to the deceased, Anita Ravi, being alone with her prospective husband, Abhay Kumar Bhaskar (PW-1), at his home in Ambikapur, and assaulted them.

Anita reportedly told her family about the incident the next day and, on 18 April 2009, consumed a poisonous substance and died.

The post-mortem attributed death to asphyxia due to suspected poisoning, but the viscera report was not proved.

The trial court convicted the appellants under Section 306 read with Section 34 IPC and sentenced each to ten years’ rigorous imprisonment.

During the appeal, appellant No. 3 died and the appeal against him abated.

1. Whether the appellants’ quarrel with and assault of the deceased on 13 April 2009 amounted to abetment of her suicide under Sections 306 and 107 IPC.

2. Whether the evidence established the requisite instigation, proximity, and mens rea to sustain the appellants’ convictions under Section 306 read with Section 34 IPC.

Section 306 IPC punishes abetment of suicide, while Section 107 IPC defines abetment through instigation, conspiracy accompanied by an act or illegal omission, or intentional aid.

The court applied the principle that a Section 306 conviction requires proof of an accused’s direct or indirect contribution to the suicide through conduct satisfying Section 107, with instigation or incitement sufficiently proximate to the suicide and accompanied by the requisite mens rea.

It relied on Ude Singh v. State of Haryana, (2019) 17 SCC 301, for the meaning of instigation and the need for reasonable certainty that conduct would incite the consequence; Pawan Kumar v. State of H.P., (2017) 7 SCC 780, for the rule that harassment or a remark without a positive, proximate act is insufficient; Madan Mohan Singh v. State of Gujarat, (2010) 8 SCC 628, for the requirement of intentional abetment; and Prakash v. State of Maharashtra, (2026) 6 SCC 251, and Abhinav Mohan Delkar v. State of Maharashtra, (2026) 6 SCC 233, for the requirements of proximate instigation and demonstrable mens rea.

The court accepted the evidence that the appellants objected to the couple’s presence and assaulted them, and that the deceased later reported the incident to her family.

It nevertheless found no evidence that the appellants acted with the intention of instigating or driving Anita to suicide.

The suicide occurred approximately five days after the incident, and the record disclosed no proximate act or conduct establishing that the appellants’ actions were intended to cause, or demonstrably goaded her toward, suicide.

The alleged humiliation and the fact of assault, without the required instigation and mens rea, did not establish abetment under Sections 306 and 107 IPC.

The appeal concerning appellant No. 3 had already abated upon his death.

The appellants’ bail bonds were directed to remain in operation for six months under Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023.