SUPREME COURT INTERPRETATION ON SECTION 306 IPC

SUPREME COURT INTERPRETED WHAT 'ABETMENT TO SUICIDE' MEANS.

According to the bench of Justices MR Shah and Aniruddha Bose in order to bring a case within the provision of section 306 IPC, there must be a 

1. Case of suicide and
2. In the commission of said offence, the person who is said to have abetted the commission of suicide must have played an active role
(i). by an act of instigation or
(ii). by doing a certain act to facilitate the commission of suicide. 

The bench further noted, "Mere harassment without any positive action on the part of the accused proximate to the time of occurance which led to the suicide would not amount to an offence under section 306 IPC. Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances taht the decease was left with no other option, except to commit suicide. 

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