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Supreme Court of India 2025-01-21 allowed

LAXMI DAS vs THE STATE OF WEST BENGAL

Bench: 2 — B. V. Nagarathna, Satish Chandra Sharma

In Brief

A mother (Laxmi Das) was charged with abetting the suicide of her son's girlfriend, Souma Pal, who died by jumping before a train. The allegations included that the mother expressed disapproval of the marriage and allegedly told the deceased she should not be alive if she could not live without marrying her son. The Supreme Court allowed the mother's appeal, holding that mere expression of disapproval of a marriage, even with insulting remarks, does not constitute abetment of suicide under Section 306 IPC. There must be positive action creating an environment where the deceased has no choice but to commit suicide. Here, the evidence showed the deceased's own family opposed the relationship, not the accused mother, and there was no proximate or positive instigation by the mother. The proceedings against the mother were quashed.

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Criminal Law Abetment of Suicide Section 306 IPC Criminal Procedure

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