Abetment of Suicide--Illicit Relationship--Allegation of Illicit Relationship Without Proximate Act of Instigation Insufficient to Sustain Charge Under Section 306 IPC
Mere allegation of an illicit relationship, without a positive act of instigation or incitement in close proximity to the act of suicide, does not satisfy the ingredients of abetment under Section 306 read with Section 107 of the IPC. Abetment requires a clear mens rea and a reasonably certain causal connection between the accused's conduct and the commission of suicide. Courts must exercise particular caution in such cases given that the deceased is unavailable for cross-examination, and charges cannot be sustained on imaginary or inferential material alone. Thus, Illicit Relations Alone Insufficient Without ‘Positive Act of Instigation’
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