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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 :-  In a small town, a group of friends-Amit, Ritu and Shyam were involved in a heated argument with Rohit, another friend. During the argument. Amit made derogatory remarks about Rohit's personal life and encouraged Ritu and Shyam to isolate and humiliate him. Distressed by the constant bullying and isolation, Rohit became severely depressed and eventually took his own life. Considering the scenario described, can Amit be held liable under Section 306 of the IPC for abetment to suicide?

 

Option: 1

Yes, Amit can be held liable under Section 306 of the IPC as his derogatory remarks and active encouragement of isolation and humiliation created a hostile environment that drove Rohit to commit suicide

 


Option: 2

 No, Amit cannot be held liable under Section 306 of the IPC as he was merely engaged in a heated argument and did not directly incite or instigate Rohit to take his own life.


Option: 3

 No, Amit cannot be held liable under Section 306 of the IPC as this section only applies when the abetment to suicide involves a person in a position of authority or influence, not friends engaged in an argument

 


Option: 4

 No, Amit cannot be held liable under Section 306 of the IPC as his derogatory remarks and active

 


Answers (1)

best_answer

Section 306 of the IPC requires intentional instigation or encouragement that leads to suicide. In this scenario, Amit's derogatory remarks about Rohit's personal life and active encouragement of isolation and humiliation created a hostile: an environment that significantly contributed to Rohit's severe depression and ultimately his decision to end his life. Therefore, Amit can be held liable under Section 306 of the IPC for abetment to suicide.

 

Posted by

Devendra Khairwa

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