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Kanchan Sharma v. The State of Uttar Pradesh

Criminal Appeal · 2021 INSC 496Decided 17 Sept 2021
Criminal Appeal No. 1022 of 2021
Justice R. Subhash Reddy · Justice Hrishikesh Roy

Background

A young man went to the house of the appellant, Kanchan Sharma, and after being unable to persuade her to marry him, consumed poison in front of her house and later died. An FIR was registered against the appellant and her family alleging murder and caste-based atrocity, which after investigation was narrowed to a charge of abetment of suicide and an offence under the SC/ST (Prevention of Atrocities) Act. The appellant sought to have the case quashed by the Allahabad High Court, which refused, saying the factual disputes could not be resolved at that stage.

Decision Breakdown

The Supreme Court allowed the appeal and quashed the criminal proceedings against the appellant. It held that abetment under Section 306 IPC requires a positive, active act of instigation or aiding, not merely emotional involvement or the deceased's own actions. Here, apart from the complainant's bare assertion that the deceased was in a relationship with the appellant, there was no material to show the appellant had instigated or encouraged the suicide; in fact, she had earlier complained to the police about the deceased's unwanted advances. The caste-atrocity allegation was likewise unsupported by anything beyond vague statements.

Lesson Learnt

Merely being the object of someone's unrequited affection, or being present when a person takes an extreme step, does not by itself make a person criminally liable for "abetting" that person's suicide: the law requires clear proof of active instigation or encouragement.

Official source (sci.gov.in)View Judgment (PDF)

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