Abetment of Suicide -- Police Complaint -- Filing of Legal Proceedings Against Person Who Later Dies by Suicide -- No offence without intention to drive him to suicide
(i) Indian Penal Code, 1860, S.306 -- Abetment of Suicide -- Filing of Legal Proceedings Against Person Who Later Dies by Suicide -- Complainant who files proceedings as permitted by law does not abet suicide of the person proceeded against -- Intention of the complainant matters more than what the deceased felt -- Positive act meant to drive the deceased to end his life is needed to show mens rea. (ii) Indian Penal Code, 1860, S.306 -- Abetment of Suicide -- Complaint to Police Lodged on Day of Suicide -- Complaint by victim about an incident is exercise of right to justice and is not instigation -- No instigation arises where there is no evidence that the deceased knew of the complaint -- Bona fide report cannot be linked to the death.
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