Court rules that casual remarks made in a quarrel do not constitute abetment of suicide under IPC Section 306.
In a significant ruling, the Kerala High Court has acquitted Safwan Adhur, the revision petitioner, of charges under Sections 306 and 204 of the Indian Penal Code (IPC), citing that casual remarks made in the heat of a quarrel do not amount to abetment of suicide. The order, delivered by Justice C. Pratheep Kumar, set aside the previous decision by the Additional Sessions Judge-I, Kasaragod, which had framed charges against the petitioner.
The case revolved around an incident where the petitioner, during a heated argument, allegedly told the deceased to "go away and die." The deceased, reportedly disturbed by the remark, committed suicide along with her young daughter. The prosecution argued that these words constituted instigation under Section 306 of the IPC. However, the defense contended that the words were uttered in a moment of passion without any intent to incite suicide.
Justice Kumar, in his judgment, emphasized the importance of the accused's intention rather than the subjective feelings of the deceased. Citing precedents from cases like "Sanju Alias Sanjay Singh Sengar v. State of M.P." and "Swamy Prahaladdas v. State of M.P.," the court highlighted that words spoken in anger do not automatically imply mens rea, a necessary component for abetment.
The court noted that the allegations failed to establish the necessary intent on the part of the petitioner to instigate the suicide. Therefore, the charges under Section 306 and the related Section 204 IPC were not sustainable. Consequently, the High Court discharged Safwan Adhur, overturning the lower court's decision to frame charges.
This ruling underscores the judicial interpretation of abetment in cases where impulsive remarks are made during disputes, reinforcing that intention is paramount in such legal determinations.
Bottom Line:
Mere casual remarks or words spoken in the heat of the moment during a quarrel, without intention to incite or instigate, do not constitute abetment of suicide under Section 306 IPC.
Statutory provision(s): Section 306 IPC, Section 204 IPC, Section 438 BNSS, Section 442 BNSS
Safwan Adhur v. State of Kerala, (Kerala) : Law Finder Doc Id # 2844826
