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‘No automatic conviction for abetment of suicide’
Why in news?
- A person accused of dowry harassment cannot be automatically convicted for abetment of suicide, the Supreme Court has held in a judgment.
More in news
- Judgement:
(1) Merely because an accused is found guilty of an offence punishable under Section 498A of the IPC and the death has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 (abetment of suicide) of the IPC by employing the presumption under Section 113A of the Evidence Act.
(2) Unless the prosecution establishes that some act or illegal omission by the accused has driven the deceased to commit the suicide, the conviction under Section 306 would not be tenable.
(3) The court is required to take into consideration all other circumstances of the case.
- In present case: the apex court set aside the conviction of the husband for abetment of suicide of his wife but upheld the case of dowry harassment against him.
Sources
The Hindu