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Supreme Court of India· 03 September 2026

Does discord in matrimonial life alone amount to abetment of suicide under Section 306 of the Indian Penal Code, 1860?

SANJAY KUMAR v. STATE OF HIMACHAL PRADESH
2026 INSC 948 · CRIMINAL APPEAL NO.1108 OF 2016
Coram: Justice Ujjal Bhuyan · Justice Atul S. Chandurkar
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Answer

No. Abetment under Section 306 read with Section 107 requires the accused's intention to instigate, aid or abet the suicide; mere disputes or discord in matrimonial life, without more, are not sufficient.

Headnote

Indian Penal Code, 1860 — s.306 — s.107 — s.498-A — Appellate review of acquittal — Abetment of suicide — Criminal appeal — Appellate review of acquittal — Perverse or impossible finding required — Held: A High Court reversing an acquittal must find that the Sessions Court's view was perverse or impossible on the evidence. It must give due weight to the presumption of innocence and to the trial judge's view of the credibility of the witnesses. (¶7, 13) Indian Penal Code, 1860 — s.306 — s.107 — Abetment of suicide — Marital discord insufficient — Held further: Section 306 read with Section 107 requires proof of intention to instigate, aid or abet the suicide; mere disputes or discord in matrimonial life do not attract these provisions. Appeal allowed; the impugned judgment is set aside and the appellant is acquitted. (¶14, 15, 17)

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In the Court's own words
Paragraph 14When the impugned judgment of the High Court is examined in the aforesaid backdrop, it is seen that its conclusion is totally unsustainable and based on material not available on record. The appellant having been charged under Section 306 of the Penal Code, the aspect of abetment as contemplated in Section 107 of the Penal Code would also be material. In this regard, we may refer to the following observations in Madan Mohan Singh (supra):
Paragraph 15It is likely that there may have been some disputes or discord in the matrimonial life of the appellant and the victim. That, however, would not be sufficient in itself to attract the provisions of Section 306 read with Section 107 of the Penal Code. In fact, there is no evidence, whatsoever, to indicate any act of abetment by the appellant. On the contrary, it has been brought on record that the appellant, on realising that the victim had ingested some liquid thinking it to be a medicine, had immediately sought medical aid from PW10. He also shifted the victim immediately to the hospital.
Acts & Sections
Section 498-A of the Indian Penal Code, 1860Section 306 of the Indian Penal Code, 1860Section 107 of the Indian Penal Code, 1860

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Also decided in this judgment
Must a High Court reversing an acquittal record that the trial court's view was perverse or impossible?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections