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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 the workplace, Rajesh, a senior manager, constantly subjected his subordinate Neha, to verbal abuse, humiliation, and excessive workload. Neha's mental health deteriorated significantly due to the ongoing harassment. One day, unable to bear the stress and emotional torment any longer, Neha tragically took her own life. Considering the scenario described, can Rajesh be held liable under Section 306 of the IPC for abetment to suicide?

 

Option: 1

Yes, Rajesh can be held liable under Section 306 of the IPC as his persistent verbal abuse, humiliation, and excessive workload created a hostile work environment that drove Neha to commit suicide. 

 


Option: 2

No. Rajesh cannot be held liable under Section 306 of the IPC as workplace harassment, although unethical, does not qualify as intentional instigation leading to suicide


Option: 3

No. Rajesh cannot be held liable as Section 306 of the IPC only applies when the abetment to suicide involves a family member or close relative, not workplace harassment.

 


Option: 4

Both (b) and C


Answers (1)

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Section 306 of the IPC requires intentional instigation or encouragement that leads to suicide. In this scenario, Rajesh's persistent verbal abuse, humiliation, and excessive workload created a hostile work environment that significantly contributed to Neha's deteriorating mental health and her decision to end her life. Therefore, Rajesh can be held liable under Section 306 of the IPC for abetment to suicide

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Ritika Jonwal

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