Legal Interpretation and Prevention: Understanding the Offence of ‘Abetment of Suicide’

Why in the News?
Recently, the Supreme Court has provided clarity on the legal interpretation of the crime of ‘abetment of suicide,’ establishing specific guidelines for determining culpability in such cases.

What is the Abetment of Suicide?

• Legal Framework:
• Abetment of suicide is a criminal offence under Section 306 of the Indian Penal Code (IPC), and its counterpart under the Bharatiya Nyaya Sanhita (BNS) is Section 108.
• Punishment for abetment of suicide can result in imprisonment of up to 10 years, along with a fine.
• According to Section 45 of the BNS, abetment involves a person instigating someone to commit an act, conspiring with others to perform something illegal, or aiding in the execution of such an act.

• Supreme Court’s Interpretation:

• The Court stated that abetment of suicide requires “direct and alarming encouragement or incitement” that compels the victim to take their own life.
• The following factors are critical in determining whether a situation amounts to abetment of suicide:
  1. Harassment: The accused inflicted unbearable harassment or torture, leaving the victim to perceive suicide as their only option.

• • 1. Emotional Exploitation: The victim was emotionally manipulated by the accused to feel worthless or unworthy of living.
    2. Threats and Harm: The accused threatened harm to the victim’s family or caused significant financial distress.
    3. Reputation Damage: The accused made false allegations, publicly humiliating the victim and causing a loss of dignity.

Related Court Cases

• M Mohan v The State (2011):
  The Supreme Court ruled that for abetment of suicide under Section 306 of the IPC to be proven, there must be a direct act by the accused with the intent of driving the victim to suicide, leaving no other option.
• Ude Singh v State of Haryana (2019):
  The Court emphasized that proving abetment depends on the specifics of each case. Both direct and indirect forms of incitement, resulting in the victim feeling there was no alternative to suicide, can constitute abetment.

Government Initiatives for Suicide Prevention

To address the issue of suicides, especially in vulnerable populations, several government initiatives have been introduced, such as:

• Mental Healthcare Act (MHA), 2017
• KIRAN Helpline: A national mental health helpline aimed at providing mental health support.
• Manodarpan Initiative: A program providing psychological support for students.
• National Suicide Prevention Strategy 2022

Statistics on Suicide in India

• Data Source:
  The National Crime Records Bureau (NCRB) compiles data based on police-reported First Information Reports (FIRs).
• Rising Student Suicides:

Student suicides have been increasing by 4% annually, exceeding the overall suicide rate growth of 2%. These figures might be under-reported.

• Gender Disparity:

In 2022, male students made up 53% of all student suicides. While male student suicides decreased by 6% compared to 2021, female student suicides saw a 7% increase.

• Decade Trends:

Over the last decade, despite a slight decline in the 0-24 age group population, student suicides have nearly doubled from 6,654 to 13,044.

• State-wise Distribution:

Maharashtra, Tamil Nadu, and Madhya Pradesh recorded the highest numbers of student suicides, accounting for one-third of the national total.

Legal Norms Related to Suicide

• Mental Healthcare Act (MHA) 2017 – Section 115:
  This section states that attempted suicide is viewed as the result of severe stress, and the person attempting suicide should not be prosecuted.
• Bharatiya Nyaya Sanhita (BNS):
  • The BNS removes the section criminalizing attempted suicide. However, this doesn’t entirely decriminalize the act of attempting suicide.
  • Section 224 of the BNS states that attempting suicide to compel a public servant to discharge their duties is punishable by up to one year of imprisonment, a fine, or both.

Conclusion:

The judicial interpretation and government measures demonstrate India’s evolving approach to addressing suicide, focusing on legal clarity, mental health support, and suicide prevention strategies.

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