The Supreme Court ruled in the case of Yadwinder Singh @Sunny v, State Of Punjab that simply refusing to marry someone, even if true, does not constitute “instigation” under Section 107 of the Indian Penal Code (IPC). Abetment to suicide means encouraging, helping, or forcing someone to kill himself/herself.
In this specific case, a man was accused of abetting a woman’s suicide after he reportedly backed out of their planned marriage.
The Court noted that while the deceased may have been hurt or disappointed, the evidence did not show the man had directly or actively instigated her to commit suicide. The man’s refusal, even if it caused emotional distress, could not be considered an intention to drive the woman to suicide.
Relying on previous judgments like Nipun Aneja v. State of Uttar Pradesh and Geo Varghese v. State of Rajasthan, the Court reiterated that abetment to suicide requires a mental process of instigating or intentionally aiding a person to end their life.
To fulfill the requirements of an offense under Section 306 of the IPC, the suicide must be a result of direct and alarming encouragement/incitement by the accused, leaving the victim no option but to commit suicide. The act of instigation must be intended to push the person into a situation where they feel they have no other choice. Without a positive act of incitement or active aid, the charge cannot be upheld.
The Court concluded that putting the accused through a trial would be a “travesty of justice” and subsequently quashed the First Information Report (FIR).
