Kerala High Court Delivers Landmark Ruling on Abetment of Suicide
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In a significant ruling, the Kerala High Court has found that casual remarks made during a quarrel, such as 'go away and die,' do not necessarily constitute abetment of suicide. The court's decision, made by Justice C Pratheep Kumar on January 28, relied on a 1995 Supreme Court order in the Swami Prahaladdas case. The case involved a 30-year-old man who was accused of abetment to suicide after a verbal quarrel with a married woman. During the argument, he allegedly told her to 'go away and die.' Tragically, the woman and her five-and-a-half year-old daughter took their own lives in 2023. The man had challenged a sessions court's decision to frame charges against him under sections 306 (abetment of suicide) and 204 (destruction of document to prevent its production as evidence) of the Indian Penal Code. The high court bench ruled that the man's words were spoken in the heat of passion without any intention to instigate the woman to commit suicide. The court emphasized that the intention of the accused is crucial in determining whether abetment of suicide has occurred. In this case, the allegations against the man did not meet the criteria for the offense under section 306 of the IPC, and therefore, the offense under section 204 of the IPC was also not applicable. This ruling has significant implications for cases involving alleged abetment of suicide, particularly in situations where individuals make heated remarks during quarrels. The decision highlights the importance of carefully examining the context and intention behind such remarks to determine whether they constitute a criminal offense.
