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Disapproval of marriage does not amount to abetment of suicide, rules Supreme Court

| @indiablooms | Jan 26, 2025, at 07:47 pm

New Delhi: Disapproving a marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code (IPC), the Supreme Court has ruled.

A bench of Justices B V Nagarathna and Satish Chandra Sharma made this observation while quashing a chargesheet against a woman accused of abetting the suicide of another woman allegedly in love with her son, PTI reported.

The case stemmed from disputes between the deceased and the appellant's son, who had refused to marry her, according to the report.

The appellant was accused of opposing the marriage and making disparaging remarks against the deceased.

"Even if the appellant expressed her disapproval towards the marriage of Babu Das and the deceased, it does not rise to the level of direct or indirect instigation of abetting suicide," the bench observed, according to the report.

It further stated that a remark such as suggesting the deceased should not live if she cannot marry her lover does not constitute abetment.

"There needs to be a positive act that creates an environment where the deceased is pushed to the edge in order to sustain the charge of section 306, IPC," the bench noted, reported PTI

The court highlighted that the deceased's family had also expressed unhappiness with the relationship, and mere disapproval of a marriage does not satisfy the requirements of instigation necessary to invoke Section 306 IPC.

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