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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): K. T. Thomas, S. N. Variava , JJ

(A) Penal Code (45 of 1860) , S.306, S.116— Abetment of suicide - S. 306 renders person who abets commission of suicide punishable for which condition precedent is suicide should necessarily have been committed - S. 306 does not penalise an abetment to the offence of mere attempt to commit suicide - There cannot be an offence under S. 116, IPC read with S. 306, IPC. Section 306 penalises abetment of suicide. It is a unique legal phenomenon in the Indian Penal Code that the only act, the attempt of which alone will become an offence. The person who attempts to commit suicide is guilty of the offence under S. 309, IPC whereas the person who committed suicide cannot be reached at all. S. 306 renders the person who abets the commission of suicide punishable for which the condition precedent is that suicide should necessarily have been committed. It is possible to abet the commission of suicide. But nobody would abet a mere attempt to commit suicide. It would be preposterous if law could afford to penalise an abetment to the offence of mere attempt to commit suicide. It is wrong to convict the appellants under S. 116 linked with S. 306, IPC. The former is abetment of offence punishable with imprisonment - if offence be not committed'. But the crux of the offence under S. 306 itself is abetment. In other words, if there is no abetment there is no question of the o....