The Supreme Court recently held that merely expressing disapproval of a marriage cannot be a ground for abetment of suicide. [Laxmi Das vs State of WB].While setting aside a High Court order that upheld the charges under Section 306 of the Indian Penal Code (IPC) against the appellant, the Bench of Justices BV Nagarathna and Satish Chandra Sharma held,"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.".The Court also held that asking the deceased to not be alive if she cannot live without marrying her lover will also not amount to abetment of suicide."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 judgment stated..The appellant and other members of a man's family were accused of abetment of suicide of the man's lover. When the appellant, who is the mother of the man, moved to be discharged from the case, the trial court rejected her application. The Calcutta High Court upheld this order, prompting the appellant to move the Supreme Court.The apex court noted that appellant and her family members did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das. “In fact, it was the deceased’s family that was unhappy with the relationship."While setting aside the trial court and High Court orders, the Court said,"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.".Advocate Kunal Chatterjee appeared for the appellant.[Read Judgment]
