Mere refusal to marry by itself does not amount to instigation and cannot constitute abetment of suicide

Supreme Court Quashes FIR Against Yadwinder Singh in Abetment of Suicide Case. Supreme Court clarifies refusal to marry does not constitute abetment of suicide under IPC Section 306

In a significant ruling, the Supreme Court of India has quashed the FIR against Yadwinder Singh alias Sunny, who was accused of abetting the suicide of Pardeep Kaur, citing a lack of evidence to establish the essential ingredients of the alleged offence. The judgment, delivered by Justices J.B. Pardiwala and K.V. Viswanathan, emphasized that mere refusal to marry does not amount to instigation or abetment of suicide under the Indian Penal Code (IPC).

The appeal arose from a decision by the High Court of Punjab and Haryana, which had rejected Yadwinder Singh’s petition seeking to quash the FIR filed under IPC Section 306 for abetment of suicide. The original complaint was lodged by the deceased's mother, Surinder Kaur, after her daughter, a government advocate, died by suicide in November 2016.

The Supreme Court, referring to established legal principles, underscored that for an act to be considered as abetment under IPC Section 306, there must be a clear instigation or encouragement by the accused, leaving the victim with no alternative but to end their life. In this case, the Court found no evidence of such direct instigation or mens rea on the part of Yadwinder Singh. The Court noted that the supplementary statement filed by the complainant was an improvement upon the initial FIR, and that the evidence did not demonstrate any active role by the accused that would amount to abetment.

The judgment highlighted that the deceased’s decision to commit suicide, allegedly due to the accused's refusal to marry, did not fulfill the criteria for abetment. The Court remarked on the tragedy of the young woman's death but stressed that legal decisions must be based on evidence and statutory interpretation rather than emotional considerations.

In conclusion, the Supreme Court allowed the appeal, quashing the FIR and the subsequent proceedings in the Sessions Court, thus exonerating Yadwinder Singh of the charges. This ruling reaffirms the necessity for clear evidence of instigation or encouragement in cases of alleged abetment of suicide.

Statutory provision(s): Indian Penal Code, 1860 Sections 306, 107; Criminal Procedure Code, 1973 Section 482.

Yadwinder Singh @Sunny v. State of Punjab, (SC) : Law Finder Doc Id # 2803071