New Delhi: A spouse being in an extramarital relationship cannot be a ground to prosecute the partner if he/she commits suicide due to strain in the relationship, SC Thursday said, adding that abetment to suicide requires a positive act of instigation.A bench of Justices K V Viswanathan and Atul Chandurkar said that to sustain a charge under Section 306 of the penal code, it must be shown the accused contributed to the suicide through a direct or indirect act, with intent. Abetment requires an active act which leaves the deceased with no other option but to take their life.Quashing the case against a man allegedly in a relationship with the deceased’s wife, SC said even if illicit relations are assumed, the mens rea to abet suicide was absent. “There is no allegation that appellant had instigated him to commit suicide or aided any act or illegal omission to bring about the suicide,” bench said.The top court set aside a Chhattisgarh HC order allowing trial on the ground that the deceased was upset with his wife’s alleged relationship. It rejected the prosecution’s plea that humiliation in the presence of her partner amounted to abetment.The relief, however, is only for the man, as the deceased’s wife, also an accused, did not challenge the trial against her. “There ought to be some material to indicate a positive act of instigation,” SC said, adding that such instigation must be proximate to the act of suicide to establish a clear nexus.End of ArticleFollow Us On Social MediaVideos’Never Be Forgiven’: PM Modi Dares Opposition On Women Quota Bill, Priyanka Gandhi Questions Timing‘Won’t Reduce South’s Share’: Amit Shah Clarifies On Delimitation, Calls Oppn Claims ‘Misleading’Hal’s Light Utility Helicopter Explained: Specs, Altitude Edge And Why It Matters‘PM Modi Only Flag Bearer Of Feminism’: Kangana Ranaut Targets Congress Over Women Quota Bill In Lok SabhaPM Modi, French President Macron Stress Urgent Need To Restore Hormuz Safety During Phone Call’If Chanakya Were Alive…’: Priyanka Gandhi’s Swipe At Amit Shah Over Delimitation, Women QuotaNo More Russian Oil Waiver: What The US Decision Means For India’s Energy Needs Amid West Asia CrisisAustria’s Chancellor Calls India Key Partner, Pushes India-EU Trade Deal Amid Global TurmoilLok Sabha Erupts As Sawant Names Sengar, Brij Bhushan; Dubey Hits Back With Aaditya Thackeray Claim‘Not A Backdoor Exercise’: Tejasvi Surya Counters Opposition On Delimitation, Flags Representation Risks123PhotostoriesExclusive – Kiku Sharda opens up about his kids’ reaction to his female roles, Sunil Grover’s talent, and his bond with Kapil Sharma5 Japanese food rituals that could fix your eating habits instantly5 Signs of high emotional intelligence that instantly set you apart from others5 things couples do before calling it quitsWhy your heirloom Kanjeevaram saree feels so different from a modern silk shirt8 most unusual monkeys in the world: From capuchins to mandrillsStep inside Chris Gayle’s ₹20 crore lavish Jamaica mansion with private nightclub, infinity pools and unbelievable ocean views!‘Are we eating all our mangoes’: Why despite being the largest producer of mangoes, India is able to export just 1 percentGold vs lab-grown diamonds: What should you really buy this Akshaya Tritiya?Top 5 posh residential areas in Gurugram for premium living123Hot PicksIran warWipro buyback planPurple cap winnerOrange cap winnerIPL Points TablePublic holidays April 2026Bank Holidays AprilTop TrendingTCS NashikTrump-Modi callSouth Delimitation ImpactAmit ShahPriyanka GandhiUK Flea Treatment RulesAlex ManningerCody RhodesCharlie Kirk ControversyTiger Woods
New Delhi: A spouse being in an extramarital relationship cannot be a ground to prosecute the partner if he/she commits suicide due to strain in the relationship, SC Thursday said, adding that abetment to suicide requires a positive act of instigation.A bench of Justices K V Viswanathan and Atul Chandurkar said that to sustain a charge under Section 306 of the penal code, it must be shown the accused contributed to the suicide through a direct or indirect act, with intent. Abetment requires an active act which leaves the deceased with no other option but to take their life.Quashing the case against a man allegedly in a relationship with the deceased’s wife, SC said even if illicit relations are assumed, the mens rea to abet suicide was absent. “There is no allegation that appellant had instigated him to commit suicide or aided any act or illegal omission to bring about the suicide,” bench said.The top court set aside a Chhattisgarh HC order allowing trial on the ground that the deceased was upset with his wife’s alleged relationship. It rejected the prosecution’s plea that humiliation in the presence of her partner amounted to abetment.The relief, however, is only for the man, as the deceased’s wife, also an accused, did not challenge the trial against her. “There ought to be some material to indicate a positive act of instigation,” SC said, adding that such instigation must be proximate to the act of suicide to establish a clear nexus.
