Abetment of Suicide -- Lodging of FIR or Legal Proceedings against the deceased—Does not by itself amount to instigation
(i) Indian Penal Code, 1860, S.107 -- Abetment of Suicide -- Lodging of FIR or Legal Proceedings -- Does not by itself amount to instigation of the person against whom such proceedings are initiated, even where those proceedings are later found to be false. Every individual has a right to invoke legal remedies to protect their rights, and a person who sets the criminal justice system in motion cannot be held liable for abetment merely because the person proceeded against later commits suicide. In matrimonial disputes, initiation of proceedings by one spouse against another cannot by itself be treated as instigation, though courts must examine whether such proceedings are bona fide or mala fide. (ii) Indian Penal Code, 1860, S.107 -- Suicide Note Naming Accused -- Not sufficient by itself to make out a prima facie case of abetment. Courts must examine whether the conduct attributed to the accused, in ordinary circumstances, would have driven an ordinary person, not an oversensitive one, to take the extreme step. Where neither the FIR nor the suicide note discloses instigation, harassment, or overbearing influence of the degree required under Section 107, the presumption of abetment is not attracted.
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