READ JUDGMENT | Can Mother Be Accused Of Abetting Son’s Girlfriend’s Suicide If She Asked Her “To Die”: Supreme Court Responds

In its recent Judgement dated January 21, 2025, the Supreme Court of India has acquitted a woman, accused of abetting her son’s lover’s suicide. 

A Bench comprising Justice BV Nagarathna and Justice SC Sharma observed that a casual remark made by the appellant to the deceased, suggesting she “need not live if she cannot survive without marrying her lover,” does not amount to abetment under Section 306 of the Indian Penal Code (IPC).

Case:

On July 3, 2008, a girl named Souma Pal was found dead near the railway tracks between Garia and Narendrapur stations in West Bengal.

The police had registered this death as unnatural, while Souma’s family had accused Babu Das, his mother Laxmi Das, his father and also his elder brother of driving their daughter to suicide. 

According to the chargesheet, Laxmi Das had disapproved of Souma’s relationship with her son Babu. Laxmi had allegedly insulted Souma, reportedly telling her she “might as well die” if she could not live without Babu. Based on these allegations, charges were filed under Sections 306 (abetment of suicide) and 109 read with 34 (common intention) of the IPC.

Police Investigation

The investigation revealed that the relationship between Babu and Souma begun around three to four years before the suicide incident. However, initially it was the deceased’s (Souma) parents who were against the relationship and tried several times to break it off, while the accused persons (Babu’s family) encouraged the same.

But, few days prior to the suicide incident, Laxmi Das had disapproved of the relationship between her son and his lover and later Souma had ended her life. 

Trial Court

On March 22, 2012, the Trial Court rejected the application for discharge by all the accused. Subsequently, Babu, his mother, father and elder brother preferred a revisional and a quashing application before the High Court at Calcutta.

Calcutta High Court

In June 2014, the Calcutta High Court had quashed the proceedings in this matter against Babu’s father and elder brother on the ground that there were no specific allegations against them in the evidence on record. However, mother Laxmi Das & Babu Das still remained an accused. Thus, the matter was appealed in the apex court. 

Supreme Court of India

At the outset, a bench comprising of Justice BV Nagarathna and Justice SC Sharma defined what is Section 306 of the IPC.

“306. Abetment of suicide. – If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

The bench later quoted that we must read Section 306 IPC with Section 107 IPC which defines ‘Abetment’; and it reads as below:

“107. Abetment of a thing. – A person abets the doing of a thing, who— First.—Instigates any person to do that thing; or Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.”

The bench remarked that when Section 306 IPC is read with Section 107 IPC, it is clear that there must be (i) direct or indirect instigation; (ii) in close proximity to the commission of suicide; along with (iii) clear mens rea to abet the commission of suicide.

With regards to allegations against Laxmi Das, the Supreme Court overturned both Trial Court and High Court Judgments concluding:

Even if all evidence on record, including the chargesheet and the witness statements, are taken to be correct, there is not an iota of evidence against the Appellant. We find that the acts of the Appellant are too remote and indirect to constitute the offense under Section 306 IPC. There is no allegation against the Appellant of a nature that the deceased was left with no alternative but to commit the unfortunate act of committing suicide.

Adding further, the top court noted:

Even if the Appellant expressed her disapproval towards the marriage of Babu Das and the deceased, it does not rise to the level of direct or indirect instigation of abetting suicide. Further, a remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC.

The case against mother Laxmi Das was subsequently quashed, however, the Trial Court was free to proceed against Babu Das in accordance with the law.

VOICE FOR MEN INDIA TAKE:

• Let’s begin with the vintage of this case
• The girl tragically ended her life in 2008 and the accused have been fighting to prove their innocence in court since the past 17-years
• The process itself is a conviction in its real sense
• Abetment to Suicide law has been clearly defined as stated earlier
• The contents of this law will be followed even in matrimonial cases when husbands end lives, assuming that their estranged wives will be punished. But the law does not automatically convict anyone unless there are strong evidences of abetting that suicide, and particularly when the accused is a wife
• Even when genders are reversed, after fighting for years and decades, the husbands too eventually get acquitted from charges of abetment to suicide of wife, if the ingredients of the law haven’t been satisfied. But yes, the arrest of a husband and his family on wife’s untimely death is inevitable, and this is the biggest gender bias under this law
• Our absolute sympathies with the deceased girl in this case, particularly when either partner thinks that it is the end of life if they could not marry the other
• This message is for all young men and women…There is nothing like justice after you end your life; Failed relationships can cease, new relationships can emerge. But a life once lost will never ever have a restart…

 

DO WATCH:

FALSE 498-A IPC | Life Once Lost Cannot Be Bailed Or Acquitted | Voice For Men India

 

 

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