REFUSAL TO MARRY CANNOT INSTIGATE SUICIDE: CHHATTISGARH HIGH COURT.

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Justice Arvind Singh Chandel, of Chhattisgarh High Court, remarked, ‘If on the refusal of marriage, any girl or boy commits suicide, it will generate a huge number of litigations of offence punishable under Section 306 of the Indian Penal Code’. This verdict was given while permitting a revision petition against the Trial Court order in which charges were formulated against the accused under Section 306 of the Indian Penal Code, in the case of Kewal Krishnakant Vishwakarma v.  The State of Chhattisgarh.

 

Brief facts of the case: The accused had visited the house of the deceased 2 years before to meet for marriage purpose. Subsequently, he had told her that he would marry her, but on later stage refused for the same. Owing to this girl committed suicide by consuming poison.

 

 

Court’s view: The Court mentioned Section 306 and 107 of the Indian Penal Code and stated that in order to attract the provisions of abetment to suicide, it is mandatory to prove beyond reasonable doubt that the accused was the one who had instigated the person to commit suicide or the accused must have engaged with one or more persons in any conspiracy for seeking that the deceased commits suicide or he must deliberately aid either by any act or illegal commission of the suicide by the deceased. The Court stated that in the present case, there is no evidence available which could prove or establish a direct connection that the applicant had been continuously harassing or torturing the deceased either mentally, physically or emotionally. The Court referred to the various precedents of the Supreme Court in which it held that on the pretence of refusal of marriage by the other party alone cannot invoke the provisions of Section 306 of IPC. While releasing the accused the bench stated “Making refusal by the Applicant to the deceased cannot be said to be an instigation on the part of the Applicant. It is a normal practice of the society that before finalisation of a marriage, parties visit many families and even after taking talks for a long period, refusal of marriage takes place and in this circumstance, if, on refusal of marriage, any girl or boy commits suicide, it will generate huge number of litigations of offence punishable under Section 306 of the Indian Penal Code. Therefore, only on refusal of marriage, if a girl or boy commits suicide, that cannot be held to be a case of offence punishable under Section 306 of the Indian Penal Code.” As acceptance of such cases would only give rise to numerous litigation which would burden the already overburdened Judiciary.