Mere Breaking Up Of Relationship Not 'Instigation' For Abetment Of Suicide: Delhi High Court
The Delhi High Court has ruled that mere breaking up of a relationship does not constitute “instigation” to constitute the offence of abetment of suicide under Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023. “Though, broken relationship and heartbreaks have become common these days, mere breaking-up of relationship may not per se constitute instigation so as to make it to be a case...
The Delhi High Court has ruled that mere breaking up of a relationship does not constitute “instigation” to constitute the offence of abetment of suicide under Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023.
“Though, broken relationship and heartbreaks have become common these days, mere breaking-up of relationship may not per se constitute instigation so as to make it to be a case of abetment under Section 108 BNS (corresponding Section 306 IPC),” Justice Manoj Jain said.
The Court made the observations while granting regular bail to a university professor accused of abetting the suicide of a 27-year-old woman.
The FIR was registered following the suicide of the deceased, who allegedly hanged herself at her residence on October 24, 2025. The next day, her father lodged a complaint alleging that the accused had abetted her suicide by coercing her to convert her religion as a precondition for marriage.
According to the complainant, the deceased, a school teacher, had come into contact with the accused during her academic pursuits. It was alleged that he established a relationship with her and later began pressurising her to convert, causing her severe mental stress. He was arrested on November 14, last year.
Granting bail to him, the Court noted that there was no dying declaration which may come handy to assess and weigh up as to what was travelling through the mind of the deceased, when she took the drastic step of suicide.
The Court also noted that the parties were in relationship for around eight years and, during which time no complaint was filed from the side of the deceased.
“As noted already, the applicant has, merely, been charge-sheeted for abetting suicide and it is not a case of sexual exploitation,” the Court said.
“The diaries which have been recovered from the house of the deceased seem to contain her manifestation. Being in a love-relationship, she, merely, wished to transform her desire into a reality,” it added.
Justice Jain said that it was a case of broken relationship and the deceased, having come to know that the accused had got married to someone else, had chosen to finish herself.
The Court said that instigation means to provoke or to incite or to encourage a person to do an act and, in order to establish such abetment or instigation, there has to be a clear mens rea on the part of the concerned accused.
Instigation should be of such a nature that leaves the deceased with no option but to commit suicide, it added.
Taking note of the completion of investigation and filing of the chargesheet, as well as the accused's roots in society, the Court granted him bail subject to furnishing a personal bond and surety bond of Rs. 25,000 each.
Title: NOOR MOHAMMAD v. STATE NCT OF DELHI