Jayedeepsinh Pravinsinh Chavda Vs State Of Gujarat 2024 INSC 960 – S 306,498A IPC – Harassment- Abetment Of Suicide

Indian Penal Code 1860 – Section 306 – Mere harassment, by itself, is not sufficient to find an accused guilty of abetting suicide. The prosecution must demonstrate an active or direct action by the accused that led the deceased to take his/her own life. The element of mens rea cannot simply be presumed or inferred; it must be evident and explicitly discernible. Without this, the foundational requirement for establishing abetment under the law is not satisfied, underscoring the necessity of a deliberate and conspicuous intent to provoke or contribute to the act of suicide. (Para 18)

Indian Penal Code 1860 – Section 498A – ‘Cruelty’ simpliciter is not enough to constitute the offence, rather it must be done either with the intention to cause grave injury or to drive her to commit suicide or with intention to coercing her or her relatives to meet unlawful demands- The following ingredients to constitute the offence under section 498-A, IPC: i. The woman must be married; ii. She must be subjected to cruelty or harassment; and iii. Such cruelty or harassment must have been done either by husband of the woman or by the relative of her husband. (Para 9-11)