Context:
Supreme Court recently said that police and the courts should avoid unnecessary prosecutions in cases of abetment of suicide stemming from the workplace.
Abetment:
- Involves assisting, encouraging, or supporting someone to commit an illegal act.
- It can include instigating, conspiring, or aiding the commission of a crime.
- Types of Abetment –
- Abetment by Instigation – Encouraging or motivating someone to commit a crime.
- Abetment by Conspiracy – When two or more individuals conspire to commit a crime.
- Abetment by Aid – Assisting in the commission of a crime or omitting a legal duty.
- Defined under – Section 107 of the Indian Penal Code (IPC), 1860, and Section 45 of the Bharatiya Nyaya Sanhita (BNS), 2023.
- Punishment – Abetment of suicide under Section 306 IPC (Section 108 BNS) can lead to imprisonment up to 10 years and a fine.
- A cognizable and non-bailable offence
- Conviction Rates – National Crime Records Bureau reports the conviction rates for abetment of suicide were 17.5% in the year 2022
Supreme Court’s Interpretation:
- Different thresholds for proving abetment based on the nature of the relationship of the deceased person with the accused.
- Sentimental Ties or Physical Relations –
- Lower bar for proving abetment.
- A normal quarrel or exchange of hot words may lead to psychological imbalance, potentially resulting in suicide.
- Official Capacity Relationships –
- Managed through laws, rules, policies, and regulations.
- Courts must avoid unnecessary prosecutions.
- Requires evidence showing the accused intended to cause the suicide.
Related Cases:
- M Mohan vs The State (2011) – SC set high standards for proving abetment of suicide, requiring specific intent and direct acts leading to suicide.
- Ude Singh vs State of Haryana (2019) – SC emphasized proving abetment requires evidence of direct or indirect incitement acts.
Source: The Indian Express
Previous Year Question
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
[UPSC Civil Service Exam – 2018 Prelims]
(a) Article 14 and the provisions under the 42nd amendment to the Constitution.
(b) Article 17 and the Directive Principle of the State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part III
(d) Article 24 and provisions under the 44th Amendments to the Constitution
Answer: (c)
