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The State of West Bengal v. Indrajit Kundu

Criminal Appeal · 2019 INSC 1164Decided 18 Oct 2019
Criminal Appeal No. 2181 of 2009
Justice Indu Malhotra · Justice R. Subhash Reddy

Background

A young woman, who had developed a romantic relationship with her English tutor, went to his house to finalize marriage plans, where the tutor's parents allegedly shouted at her and called her a "call-girl," saying they would never let their son marry her. She returned home distressed and died by suicide the next day, leaving behind suicide notes referencing the insult. The State charged the tutor and his parents with abetment of suicide under Section 306 read with Section 34 IPC, but the Calcutta High Court discharged them, holding the insulting words did not amount to instigation, and the State appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that for an offence of abetment of suicide, there must be clear evidence of instigation, goading, or creating circumstances that leave the victim no option but to end her life: mere insulting or abusive words, however hurtful, are not automatically enough. Relying on its own precedents holding that remarks like "go and die" uttered in anger do not constitute instigation unless there is a reasonable certainty they were meant to provoke suicide, the Court found that calling the victim a "call-girl" on one occasion, without more, did not meet this threshold. The Court agreed with the High Court that the material on record was insufficient to frame charges under Section 306/34 IPC and dismissed the State's appeal, upholding the discharge of the accused.

Lesson Learnt

Not every harsh or insulting remark that precedes a suicide amounts to criminal "abetment" in law: the prosecution must show the accused's words or conduct were intended to provoke the suicide or left the victim with no real alternative, not merely that the words were hurtful.

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

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