The Supreme Court of India enunicated the principles governing the offense of abetment to suicide.

The Supreme Court of India’s judgment in Prabhat Kumar Mishra v. The State of U.P. & Anr. elucidates several legal principles, particularly regarding the interpretation of abetment under Section 306 of the IPC and the application of Section 3(2)(v) of the SC/ST Act.

The court emphasized that for an act to qualify as abetment, there must be instigation, conspiracy, or intentional aid towards the commission of suicide. Mere allegations of harassment or workplace pressure do not suffice to establish abetment unless there is a clear intent to provoke the suicide.

Additionally, the court clarified that for an offense under the SC/ST Act to be applicable, it must be established that the offense was committed due to the victim’s caste or tribe. In this case, since such specifics were not evident, the application of the SC/ST Act was deemed inappropriate.

Prabhat Kumar Mishra v. The State of U.P. & Anr.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.