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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 :- Riya and Rohan were close friends for many years. However, recently, Riya noticed a change in Rohan's behaviour, as he seemed increasingly depressed and withdrawn but Riya was busy in preparation for her birthday so didn't bothered to help him despite Rohan's persistent attempts to share his problems with Riya. One day, Riya came to know that Rohan had taken his own life. Considering the scenario described, should Riya be held liable under Section 306 of the IPC for abetment to suicide?

 

 

Option: 1

Yes, Riya can be held liable under Section 306 of the IPC if her actions or instigation played a significant role in driving Rohan to commit suicide.

 


Option: 2

No, Riya cannot be held liable under Section 306 of the IPC as there is no evidence of her direct involvement or instigation leading to Rohan's suicide. 

 


Option: 3

 No, Riya cannot be held liable under Section 306 of the IPC as this section doesn't count acts of friends. 

 


Option: 4

None of the above

 


Answers (1)

best_answer

Option (a) is incorrect because it suggests that Riya can be held liable under Section 306 of the IPC if her actions or instigation played a significant role in driving Rohan to commit suicide. However, based on the information provided, there is no indication of Riya's direct involvement or instigation in Rohan's suicide. It is important to have evidence of active encouragement or inducement for abetment to suicide.

 

Posted by

shivangi.shekhar

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