Introduction-
Globally mental stress has taken toll over people of all classes. Suicide has become the easiest resort to end the mental stress one faces. The act of suicide has been marked as an offence in the Indian Penal Code, 1860 and seeks to provide for punishment for the act as well as keep a check over further commission of such acts. Abetment of suicide and attempt to suicide are two distinct concepts falling under the purview of suicide and is both punishable under Section 306 and Section 309 of the Indian Penal Code, 1860 respectively.
Abetment in its literal sense means encouraging someone to act or not to act in a certain manner or aiding the commission of any such act of offence. Abetment to suicide means encouraging a person mentally or physically or deliberately helping the person to take his own life. This provision was added in the Indian Penal Code, 1860 as a part of public policy to cease the involvement of other people in cases of suicide.
Abetment of a thing-
The description of abetment as under Section 107 of the Indian Penal Code, 1860 needs an individual to abet the commission of the crime. This abetment occurs in any of the three forms as elaborated in the provision. Section 107 of the IPC reads as –
“A person abets the doing of a thing, who-
. (First) – Instigates any person to do that thing; or
. (Secondly) – Engages with one or more other or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
. (Thirdly) – Intentionally aids, by an act or illegal omission, the doing of that thing.”[1]
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Abetment by Instigation-
Abetment by instigation refers to encouraging, inciting or influencing a person to act or not to act in a certain manner. This instigation can occur in any form whether written or oral or by the medium of gestures. The only condition that lies is that the instigation should be strong enough for the person to commit the offence.
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Abetment by Conspiracy-
Abetment by conspiracy means an agreement between two or more people for the commencement of a particular offence. Conspiracy does not include mere intentions to commit an offence. It is mandatory that the act is illegal in the eyes of law that the conspirators want to commit.
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Abetment by Aiding-
Abetment by aiding refers to the act of the abettor in facilitating the crime. It refers to the intentional help given for the commencement of the crime. In such cases of abetment by aiding intention plays an integral role in the crime.
Abetment of suicide of child or insane person-
In the Indian Penal Code, 1860 there is a provision which seeks to provide punishment to a person who encourages the commission of suicide of a child who is below the age of eighteen, an insane or delirious individual or an intoxicated person. Section 305 reads as –
“If any person under eighteen years of age, insane person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall be liable to fine.”[2]
The constitutional validity of Abetment to suicide –
In the landmark case of Naresh Morotrao v Union of India[3], the court held that the validity of Section 306 of the Indian Penal Code, 1860 is entirely dependent on the facts of it character. It is based on the basic ideology of that no man should be involved in the termination of another man’s life. It is in consonance with Article 14 and 21 of the Indian Constitution and thus inviolative[4].
Conviction of a person is possible if the prosecution proves –
- The deceased commits suicide,
- The accused instigates the commission of suicide, and
- Mental state of the accused.
Case Laws-
S.S. Chheena vs. Vijay Kumar Mahajan[5] –
In this Supreme Court case, observations was made that abetment involves mental process of instigation, or intentionally aiding a person. The commission should involve an active participation and a mens rea.
Bril Lal v. Prem Chand[6] –
In the following case, it was held that creating worsening scenarios and conditions that instigate or forced wife to commit suicide attracts the offence under Section 306 of Indian Penal Code, 1860.
Sources:
[1] https://indiankanoon.org<doc
[2] https://indiankanoon.org>doc
[3] https://indiankanoon.org>doc
[4] https://lawtimesjournal.in
[5] S.S. Chheena v. Vijay Kumar Mahajan (2010) 12 SCC 190.
[6] Brij Lal v. Prem Chand AIR 1989 SC 1661
This blog is written by Jaya Singh, Amity University.
Some of her blogs-
- MISCHIEF under Indian Penal Code
- Offences Relating To Election under IPC
- Bigamy and Cohabitation
- Unlawful Assembly & Rioting with Affray
- Doctrine of Double Jeopardy
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