Abetment of Suicide -- Instigation-- Stray Remark "take poison and die" Without Intention to Provoke Suicide Are of No Consequence
Conviction under Section 306 of the IPC requires proof of two distinct elements: first, that the deceased committed suicide, and second, that the accused abetted the act through instigation or intentional aid as defined under Section 107 of the IPC. Proof of suicide is a foundational prerequisite and cannot rest on suspicion alone. A stray remark, lacking mens rea and proximate nexus to the act of suicide, does not constitute abetment. Suspicion, however strong, cannot substitute proof beyond reasonable doubt.
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