The Delhi High Court has ruled that mere quarrels within a marriage or family do not amount to abetment of suicide, emphasising that a higher threshold of instigation or active encouragement is required to establish such a charge under law.
Justice Ravinder Dudeja made the observation while granting anticipatory bail to a woman and her son, who were accused of abetting the suicide of her husband. The man died by suicide on April 30 last year, prompting police to initiate criminal proceedings against his wife and stepson.
“Abetment is constituted by instigating a person to commit an offence or intentionally aiding or engaging in a conspiracy to commit it. Mere harassment may not be sufficient. There must be active instigation. Mere quarrels or fights in a marriage or family do not amount to abetment,” the court stated.
The judge further clarified that courts must assess whether the accused’s conduct was so grave that it would compel a reasonable person—not one who is “hyper-sensitive or unstable”—to end their life. “Every suicide does not lead to abetment,” the court underlined.
Allegations and Defence
The prosecution had opposed the bail, citing a WhatsApp message sent by the deceased shortly before his death, alleging that he was harassed, tortured, and even poisoned by the petitioners.
However, the defence presented a different narrative. The counsel for the accused argued that the deceased had a history of psychiatric issues, including depression, bipolar disorder, and suicidal tendencies. He was undergoing treatment at multiple hospitals, the court was informed.
Further, the counsel alleged that the deceased had repeatedly sexually abused his wife, even forcing her into unnatural sex, in front of her sons. An FIR was lodged against him, following which he allegedly threatened to end his life and falsely implicate the family through a suicide note.
Court’s Consideration
The High Court examined medical records submitted by the petitioners that supported the claim of the deceased’s mental health issues. The bench also noted transcripts of recorded conversations where the deceased allegedly used abusive language against his wife and son.
Taking into account the totality of the circumstances and the absence of clear evidence of active instigation, the court granted anticipatory bail to the woman and her son.
The ruling reaffirms the legal position that abetment of suicide cannot be presumed merely from strained domestic relationships, especially in cases involving individuals with known psychiatric vulnerabilities.
