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  • Read the passage given below and answer the question that follow. Section 306 of the IPC deals with the offense of abetment to suicide. It states that if a person in

Read the passage given below and answer the question that follow.

Section 306 of the IPC deals with the offense of abetment to suicide. It states that if a person instigates, encourages, or aids another person in committing suicide, and if the suicide is actually committed as a result, then the person who abetted the act shall be held liable for the offense of abetment to suicide.

Definition of abetment: Abetment involves the mental process of instigating or intentionally aiding someone in the act of suicide. It can include actions or words that encourage, provoke, or provide assistance in the act of self-harm leading to suicide.

Punishment: According to Section 306, the punishment for abetment to suicide is imprisonment for a term that may extend up to ten years and may also include a fine. It is important to note that each case is unique, and the severity of punishment can vary based on the circumstances and evidence presented in court.

Legal interpretation: In a 2011 judgment in the case of M Mohan, the Supreme Court of India analyzed the requirements for abetment to suicide. The court emphasized that for a conviction of abetment to be sustained, there must be a clear mental process of instigating or intentionally aiding the act of suicide. Mere absence of a positive act on the part of the accused to instigate or aid in committing suicide may weaken the grounds for conviction.

Question :- Rahul, a close friend of Priya, was aware of her ongoing struggles with depression. One day, Rahul noticed that Priya had been behaving unusually and seemed withdrawn. Worried about her well-being, Rahul decided to spend some time with her to offer support and comfort. However, during their conversation, Rahul made derogatory remarks about Priya's condition and indirectly suggested that life wasn't worth living. Disturbed by his words, Priya took her own life shortly after. In this situation, can Rahul be held liable under Section 306 of the IPC for abetment to suicide?

 

Option: 1

Yes, Rahul can be held liable under Section 306 of the IPC because his derogatory remarks and indirect suggestion about life not being worth living can be considered as intentional abetment to suicide. 

 


Option: 2

No, Rahul cannot be held liable under Section 306 of the IPC because he was genuinely concerned about Priya's well-being and did not directly encourage or instigate her to commit suicide.


Option: 3

 Section 306 of the IPC only applies to cases where there is clear evidence of direct encouragement or instigation to commit suicide, and Rahul's remarks do not meet that threshold. 

 


Option: 4

The liability of Rahul under Section 306 of the IPC depends on whether his remarks can be proven to have directly influenced Priya's decision to end her life.

 


Answers (1)

best_answer

Section 306 of the IPC states that abetment to suicide occurs when a person intentionally aids, instigates, or encourages another person to commit suicide. In Rahul's case, his derogatory remarks and indirect suggestion about life not being worth living could be seen as intentional acts that could have influenced Priya's decision to end her life. Therefore, Rahul can be held liable under Section 306 of the IPC

 

Posted by

Gautam harsolia

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