The Rajasthan High Court has held that taunts for not having a male child or threats of marrying another woman, do not amount to instigation or intentional aid, to constitute the prima facie material to attract the offence of abatement of suicide under Section 108, BNS.

The bench of Justice Sanjeet Purohit was hearing a bail application of a husband, whose wife had committed suicide, and he, along with his parents was implicated for the offence of abetement to suicide, based on a complaint filed by the father of the deceased.

It was the case of the complainant that his daughter was married for 15 years to the accused, out of which they had two daughters. As alleged, she was subjected to harassment and taunts by the accused and his family members for inadequacy of dowry and not having a male child.

It was further alleged that the deceased's brother in law instigated and provoked her to commit suicide so that the accused could marry another woman.

On the contrary, it was argued by the accused that he was not present at the place of occurrence on the date of the incident, and the extreme step was taken by the deceased on her own volition.

The counsel further argued that even though allegations of dowry related harassment and ill-treatment for not having male child were levelled, there was no material on record to indicate that the accused instigated or abetted commission of suicide.

After hearing the contentions, the Court highlighted that the offences for which the accused were implicated were on account of taunts and harassment by the family members and threats of marrying another woman. There was no specific allegation of dowry demand.

The Court further took note of certain earlier occasions on which the deceased had attempted to take her life by consuming some substance or jumping into a water tank, during which she was saved on time by the accused and his family, and given medical care.

The Court observed that to attract the offence punishable under Section 108, BNS, there had to be a prima facie material indicating abatement.

“In the present case, the statements of the witnesses indicate that the deceased was allegedly subjected to taunts and reproaches for not having borne a male child and that she was allegedly threatened that the applicant would contract a second marriage. However, at this stage, and on the basis of the material presently available on record, such allegations, by themselves, do not prima facie constitute instigation, intentional aid or any other act amounting to abetment of suicide so as to satisfy the essential ingredients of Section 108 of the BNS.”

In this background, the bail was granted.

Counsel for Petitioners: Mr. Rajat Khan Haider

Counsel for Respondents: Mr. Surendra Bishnoi, PP; Mr. Praveer Kumar