09 Jun 2026 08:27 AM

Abetment to Suicide--Instigation -- Words Uttered in Heat of Passion During Quarrel Do Not Constitute Instigation Under Section 306 IPC Without Mens Rea

Statement "go away and die" made during a heated quarrel lacks the necessary mens rea to attract Section 306 IPC (Abetment of Suicide). Casual words uttered in the spur of the moment, without intention to instigate suicide, do not constitute abetment. The word "instigate" denotes incitement or urging to commit drastic action, and presence of mens rea is a necessary concomitant of instigation. What the accused intended, not what the deceased felt, is determinative. The deceased's psychological state may be relevant only after establishing the requisite intention of the accused.

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