Mere use of abusive language not abetment of suicide: Bombay HC

'Without a positive act on part of the accused to instigate or aid in committing suicide, conviction cannot be sustained,' the court observed

Merely insulting a person by using abusive language in itself does not constitute the offence of abetment of suicide, the Bombay High Court said while granting bail to a man accused of driving his brother's girlfriend to end life.

A single bench of Justice Bharati Dangre, in an order passed on July 28 and made available on Wednesday, noted that as per section 306 of the Indian Penal Code (abetment of suicide) there has to be clear "mens rea" (intention) to commit the offence.

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The prosecution case is that one Tejas Parihar had abused and threatened his brother Karan Parihar's girlfriend after learning about their relationship. Dejected, the 23-year-old woman ended her life in July 2020, leaving behind a suicide note in which she blamed Karan Parihar for the extreme step and also made a reference to Tejas Parihar.

In the note, the woman said Tejas Parihar had abused and threatened her. Following this, a case was registered against Tejas Parihar on suicide abetment charges and against Karan Parihar on other counts, including rape. Both were subsequently arrested by the police.

In 2021, Tejas Parihar approached the HC seeking bail. Justice Dangre, in the order, noted that abetment involves a mental process of instigating a person or intentionally aiding a person in doing a thing. "The act of the accused (Tejas Parihar)), however, insulting the deceased by using abusive language, by itself will not constitute abetment of suicide," the order said. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide, it added.

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"It also requires an active and direct role, leading the deceased to commit suicide, seeing no option and the act must have been intended to push the deceased into such a position that he/she committed suicide," the court said. "Without a positive act on part of the accused to instigate or aid in committing suicide, conviction cannot be sustained," it added.

Since the act attributed to the applicant (Tejas Parihar) in the suicide note would fall short of instigation/ incitement to end life, prima facie, he cannot be held guilty of abetment of suicide, Justice Dangre said while granting bail to the accused on a bond of Rs 25,000.