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Supreme Court of India 2019-01-18 allowed

Rajesh vs State of Haryana

Bench: 2 — L. Nageswara Rao

In Brief

Arvind committed suicide in February 2002 after leaving a note blaming his father-in-law, sister-in-law, and the appellant (his brother-in-law) for false dowry allegations and harassment. A Panchayat had occurred five months earlier, during which the appellant slapped Arvind. The Trial Court and High Court convicted the appellant under Section 306 IPC (abetment to suicide). The Supreme Court allowed the appeal, holding that abetment requires positive action proximate in time to the suicide. The five-month gap between the Panchayat and suicide, combined with the fact that the other accused were acquitted, rendered the conviction unsustainable. Mere harassment without instigation cannot constitute abetment.

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Criminal Law Abetment to Suicide Indian Penal Code Evidentiary Standards Causation and Proximity

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