Abetment - 306 IPC

 

Important points

1. To bring a case within the provision of Section 306 IPC, there must be 
1. Case of suicide
2. in commission of said offence, the person who is said to have abetted the commission of suicide MUST have played an active role by an act of instigating or by doing a certain act of facilitate the commission of suicide.
2. Mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the suicide would not amount to offence u/s 306 IPC.

Case Law

1. Amalendu Pal Vs State of West Bengal 2010 1 SCC 707
1. Active role and certain act to facilitate commission of suicide
2. mere harassment without positive action and proximate to time of occurrence 
2. Chitresh Kumar Chopra Vs State ( Govt of NCT delhi ) 2009 16 SCC 605
1. Abetment by a person is when a person instigates another to do something
2. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no option except to commit suicide.