• Thabshira Sahanath

‘Call-girl’ slur not sufficient to attract Sec 306 IPC. What is Section 306 IPC ?

Supreme Court in a case held that addressing a female as ‘call girl’ is not sufficient enough to constitute the essential element of ‘abetment of Suicide’ through instigation and thereby cannot lead to a conviction under section 306 IPC.

The section 306 of Indian Penal Code, 1860 states that, if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Abetment as defined in section 107 can be either engaging in conspiracy or helping in committing the crime or instigating by means of words or actions. It's also very difficult for the prosecutor to prove the allegations against the accused. So; it is important for both the victim and accused to prepare well for the case. A person even though not involved in the actus reus (actual act) and have mens rea, he is punishable under the Indian Law. This serious offence is non bailable, non- compoundable and cognizable.

The death of prominent actor Sushant Singh Rajput has led to many controversies .Father of late Sushant filed an FIR for abetment of suicide, instigation as inferred, against an actor and 5 others. The FIR states that the abettors tried to sabotage the career of the deceased by making sure that he did not get enough films to act . Similarly, the Supreme Court made remarkable observations in regard to section 306 IPC in S.S Chheena vs. Vijay Kumar Mahajan case.

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