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To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.
The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.
Supreme Court raised doubts that if prosecution version was to be believed, there had to be presence of syringe and needle or a container at the scene of occurrence.
Supreme Court commented that “the criminal justice system of ours can itself be a punishment” as happened in the instant matter which started in 1993 and came to an end in 2024, after 30 years of suffering.
Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.
The Court said that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
Supreme Court: Dealing with the scope of Section 306 IPC, the Court said that in order to convict a person under Section