Indian Penal Code-1860 – Section 306- Broken relationship which by itself would not amount to abetment to suicide- simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide. (Para 30-31)
Indian Penal Code-1860 – Section 306,107Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a particular thing and without the positive act on part of the accused there would be no instigation. It has also been observed that to convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide-Even in cases where the victim commits suicide, which may be as a result of cruelty meted out to her, discord and differences in domestic life are quite common in society and that the commission of such an offence largely depends upon the mental state of the victim. Surely, until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict him for an offence under Section 306 IPC. (Para 23-25)