Priya Gour
Published on: 29th July, 2022 at 18:46 IST
In a recent application involving a case ,the Andhra High Court was seen to have taken a lenient stance by granting pre arrest bail to an accused under Section 306 IPC .
The Court held that that mere allegation of pressure or harassment without any positive act shall not attract the provisions of punishment for abetment to suicide under Section 306 IPC.
A case was filed by the wife of a deceased man who was said to have committed suicide. It was alleged by her that due to pressure of work on her husband by his superiors, he was forced to commit suicide. The pressure was on failure of collection of arrear loans of the Primary Agricultural Cooperative Society, where her husband worked as a clerk .
However the petitioner’s counsel submitted that false charges being framed on her. The petitioner held the position of CEO in the society which did not involve any order taking or direct interaction between her and the deceased man. Also it was made clear that the petitioner was on an official visit along with other society members. Hence, there was no reason of any charge of instigation by them on the man that made him to take away his life.
Justice Subba Reddy Satti ruled that mere allegation of harassment will not attract provisions of Sections 306 of IPC. Justice Satti quoted that, “What is required to constitute an alleged abetment of suicide under Section 306 IPC is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not be sufficient in itself unless, there are allegations of such actions on the part of the accused which compelled the commission of suicide.”
A similar reference was made of the M. Mohan v. State of Tamil Nadu where the Supreme Court held that, “Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 of IPC is not sustainable.”
Since the present case did not involve any matter there instigation or abetment, as alleged , that lead to the commitment of suicide , application of Section 306 prima facie shall be made out.
Henceforth, the petitioner was granted bail in the matter concerned .