Supreme Court: Disapproving Marriage Is Not Abetment to Suicide

The Supreme Court has ruled that disapproving a marriage or making statements against it does not amount to abetment of suicide under Section 306 of the Indian Penal Code (IPC). The Court in Laxmi Das v. The State of West Bengal & Ors. quashed the charges against the appellant, overturning the Calcutta High Court’s earlier order that had refused to grant relief.

Laxmi Das v. The State of West Bengal & Ors. Background

The deceased was allegedly in a relationship with the Appellant’s son and was found dead near a railway station. A post-mortem report classified the death as “unnatural,” with injuries consistent with being hit by a train.

The deceased’s uncle filed an FIR, accusing the Appellant, her son, and other family members of abetting the suicide under Sections 306, 109, and 34 of the IPC. The allegations were based on disputes between the deceased and the Appellant’s son, who had refused to marry her. The Appellant was accused of opposing the marriage and making disparaging remarks against the deceased.

Supreme Court’s Observations

A Bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma held that:

“Mere disapproval of a relationship or marriage cannot be considered as abetment under Section 306 IPC unless there is direct incitement or coercion leading to suicide.”

The Court in Laxmi Das v. The State of West Bengal & Ors. emphasised that abetment requires a clear and deliberate act that pushes the deceased to take their own life, which was lacking in this case.

“Even if the allegations against the Appellant are assumed to be true, there is no evidence to suggest that her actions compelled the deceased to commit suicide,” the Court observed.

Key Takeaways from the Judgment

• No direct involvement: The Court noted that the Appellant’s opposition to the marriage did not directly contribute to the suicide.
• Lack of evidence: The Court found no proof that the Appellant’s actions left the deceased with no choice but to end her life.
• Legal principle reaffirmed: The ruling reiterates that Section 306 IPC requires an active role in driving someone to suicide, not mere disagreement or disapproval.

Court’s Decision

The Supreme Court quashed the criminal proceedings against the Appellant, Smt. Laxmi Das, ruling that the allegations were too remote to sustain charges under Section 306 IPC. The appeal was allowed, and the trial court proceedings against her were dismissed.

Legal Representation

• Diary No.: Criminal Appeal No. 706 of 2017
• Bench: Justice BV Nagarathna and Justice Satish Chandra Sharma