NEW DELHI: A spouse in an extra-marital relationship cannot be a ground to prosecute the partner if the spouse commits suicide due to tension in the relationship, the SC said on Thursday, adding that abetment of suicide requires active abetment.A bench of Justices K V Viswanathan and Atul Chandurkar said that to sustain the charge under Section 306 of the Penal Code, it must be proved that the accused contributed to the suicide through a direct or indirect intentional act. Instigation requires active conduct that leaves the deceased with no choice but to end his or her life.The SC quashed the case against a man who was allegedly in a relationship with the deceased’s wife, saying there was no criminal intent to abet suicide even if illicit relations were assumed. “There is no allegation that the appellant incited his suicide or assisted in any act or unlawful omission leading to suicide,” the judge said.The Supreme Court dismissed the Chhattisgarh High Court’s order allowing the trial on the grounds that the deceased was unhappy with his wife’s alleged relationship. It rejected the prosecution’s defense that the humiliation in front of her partner amounted to instigation.However, this relief was only available to the man as the deceased’s wife was also a defendant and did not contest the trial against her. “There should be some material indicating active incitement,” the SC said, adding that such incitement must be close to suicidal behavior for a clear link to be established.
