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THE charge of abetment to commit suicide cannot be framed against a person merely because he was having bad relations with deceased, the Delhi high court said.

Justice V B Gupta said the charge under section 306 (abetment of suicide) cannot be framed unless it is proved that the accused had intention to instigate the deceased to commit suicide. “To attract the ingredients of abetment, intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary,” the court said while quashing a lower court order which had allowed framing of charges under the section against a person whose cousin committed suicide.

In this case, the petitioner Dinesh was involved in a family dispute with his cousin Deepak and had quarrels on a regular basis.

One night, the petitioner had gone to his cousin and there was an exchange of words between them and thereafter he left the place. Soon after his departure, Deepak committed suicide. The police then framed charges against him for abetment to suicide saying he had harassed and tortured the deceased immediately before he committed suicide.

The court, however, found no evidence to allow framing charges under section 306.

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