Mere breaking-up of relationship does not constitute instigation to commit suicide under Section 108 BNS.

The applicant sought regular bail in FIR No. 522/2025 under Section 108 of the Bharatiya Nyaya Sanhita (BNS).

On October 24, 2025, a 27-year-old teacher committed suicide by hanging.

Her father alleged the applicant, a university professor, had trapped the deceased in an eight-year relationship and abetted her suicide by coercing her to convert her religion as a condition for marriage.

The applicant was arrested on November 14, 2025.

The applicant contended the relationship ended in February 2025 due to parental opposition, and the suicide occurred five days after the applicant married another person in October 2025.

Investigation is complete and the charge-sheet has been filed.

Whether the applicant’s conduct of ending a relationship and marrying another person constitutes instigation or abetment of suicide under Section 108 of the BNS.

Whether the applicant is entitled to regular bail considering the lack of a suicide note and the completion of the investigation.

The court applied Section 108 of the BNS (corresponding to Section 306 IPC) regarding abetment of suicide.

It also applied Section 45 BNS (corresponding to Section 107 IPC) defining abetment.

It relied on the principle that "instigation" requires a clear mens rea to provoke or incite an act, leaving the deceased with no other option.

The court also noted several precedents regarding bail in abetment cases, including Kamaruddin Dastagir Sanadi v. State of Karnataka and Aarushi Gupta v. State GNCT of Delhi.

The Court observed that no suicide note or dying declaration exists to establish the deceased's state of mind.

While the FIR alleged pressure for religious conversion, witness statements from the deceased’s friends suggested the distress stemmed from the breakdown of the relationship in February 2025, without mentioning conversion.

The Court reasoned that a broken relationship or "heartbreak" does not per se constitute instigation under Section 108 BNS.

It noted a significant time gap between the cessation of communication (February 2025) and the suicide (October 2025), undermining the link of immediacy.

Since the charge-sheet is filed and the applicant has deep roots in society, continued incarceration was deemed unnecessary for the trial.

The applicant was ordered to be released on a personal bond of Rs. 25,000 with one surety, on the condition that he does not contact or influence the deceased’s family or witnesses.

The Court clarified that only a trial would establish if the act was due to provocation or the deceased being "hyper-sensitive".