The Delhi High Court has held that mere matrimonial discord, emotional outbursts or disappointment in a marriage cannot by themselves constitute abetment of suicide under Section 306 of the Indian Penal Code (IPC), unless there is a positive act of encouragement or incitement by the accused.

A Division Bench comprising Justice Prathiba M Singh and Justice Dinesh Bhatt observed that there must be some compelling circumstance showing that the accused had led the deceased to commit suicide.

The Court was dealing with an appeal filed by the mother of a woman who had died by suicide in June 2013, challenging the acquittal of her husband and parents-in-law under Sections 498A and 304B of IPC.

The deceased had left behind a suicide note as well as diary entries. The prosecution relied on the same to contend that she had been subjected to mental cruelty and that the circumstances amounted to abetment of suicide.

Dismissing the appeal, the Court noted that the suicide note contained no allegation of dowry demand or violence and that the deceased had expressed affection towards her husband and in-laws.

However, it added there was also a state of frustration expressed due to some everyday arguments she used to have with her husband.

The Court also said that the notes expressed sadness towards her own family whom she was unable to meet regularly and she had to meet her sister only in some public area.

It added that though the deceased had some disappointment with her husband and in-laws, it was momentary and she expressed a lot of warmth towards them as well.

“Some compelling circumstance has to be shown where the accused would have led her to commit suicide,” the Court observed.

The Bench said that while there may have been matrimonial discord, the deceased's expressions of affection and warmth towards her husband and in-laws, coupled with disappointment over certain incidents of bickering, could not be treated as positive acts of incitement to suicide.

The Court further held that the suicide note and diary entries were insufficient to constitute abetment of suicide under Section 306 of IPC.

“There can be no doubt that a young life coming to an end is indeed unfortunate. The victim's mental state cannot be understood as held in the decisions extracted above. The notes left behind cannot constitute conduct on part of husband or in-laws to constitute abetment of suicide,” the Court said.