Supreme Court · 2025 INSC 86 · Decided 21 January 2025

Laxmi Das v. The State of West Bengal & ORS.

Court
Supreme Court of India
Citation
2025 INSC 86 · [2025] 1 S.C.R. 825
Case number
CRIMINAL APPEAL No. 706/2017
Decided
21 January 2025
Bench
B.V. NAGARATHNA, SATISH CHANDRA SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 306, 107; CrPC

Headnote

Whether the appellant, can be charged with abetment of suicide of the deceased, under Section 306 of the Penal Code (IPC). Penal Code, 1860 - s.306 & s.107 - Abetment to Suicide - Instigation - Requirements to prove abetment of Held: When Section 306 IPC is read with Section 107 IPC, it is clear that there must be (i) direct or indirect instigation; (ii) in close proximity to the commission of suicide; along with (iii) clear mens rea to abet the commission of suicide - After referring to Rohini Sudarshan Gangurde

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