Abetment of Suicide and Attempted Suicide

Описание: Abetment of Suicide and Attempted Suicide

Abetment is the act of inciting or compelling someone to engage in wrongdoing or unlawful activity. Abetment is a mental process of instigating a person or intentionally assisting a person in carrying out an act. If any person abets, entices, or compels someone to commit suicide, then they shall be penalised under Section 306 of the Indian Penal Code, 1860 for abetment of suicide.

Section 107 of the Indian Penal Code, 1860, defines abetment as the act performed by:

A person abetting or inciting another person,

A person engaging with one or more people in any conspiracy for abetting or instigating a person,

A person intentionally aiding by any act or illegal omission for abetting or instigating a person,

A person by wilful misrepresentation concealing a material fact that he is obligated to disclose or attempts to cause or procure voluntarily comes within the act of instigation.

A person abetting, enticing or compelling someone to commit an offence is known as an “abettor” as per Section 108 of the Indian Penal Code, 1860. Abetment of suicide is referred to as the mental process of instigating, encouraging, or assisting someone in committing suicide. A conviction cannot stand without an intentional effort on the part of the accused to encourage or abet suicide.

Ingredients of abetment of suicide or attempted suicide

Mens rea (intent of the abettor)
Physical proximity with abettor
Physical act / willful act to push the victim to commit suicide / any positive act on the part of the accused to instigate or aid in committing suicide
Temporal association with time
Victim did not had anyway out (no alternative solutions were not available)
It should not be related to any other administrative issues
Accused cannot be held guilty of abetment of suicide if the deceased appeared to be of weak character and unable to handle the ups and downs of life.

Abetment of suicide is an act of abetting, instigating, or aiding the victim in committing suicide. It is concluded that abetment is one of the most serious and heinous crimes.