Keeping Pace with Legal Change
The Supreme Court of India has very clearly and in a very significant decision quashed a criminal trial against a man and his mother. The serious charges they were facing were of abetment of suicide and this is provided under the Indian Penal Code 306. This move prevents the court battle against them.
The High Court of Punjab and Haryana has cast a serious criminal charge against a senior Indian Police Service officer, Puran Kumar with a critical look. The court is reviewing the case closely which is an abetment of suicide accusation which is being presented. This is a serious offense, stipulated in the third section of the Indian penal code which is the 306 and its punishment is very heavy and it is very harshly penalized by the law.
The instance of the Thangavel Vs. The State, Through Inspector Of Police & Anr., A school official, Thangavel, was charged with abetment of suicide when the child committed suicide, after receiving a scolding on his poor behavior on a report made by one of his fellows. The Supreme Court had to think whether the scolding was an act of criminal abetment under Section 306 IPC (now Section 108 BNS). The Court referred to the action of Thangavel as reasonable use of disciplinary power without personal hostility and intent to make suicide.
In the case of Jagdish Gond v. State of Chhattisgarh, the Supreme Court made it clear that allegations of suspicion alone are not sufficient to warrant a conviction. It highlighted gaps in evidence and incorrect reversal by the High Court, and it reinstated the acquittal of a husband who was accused of murder by the trial court.
