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The judgment reiterates the principle that the law demands a higher standard of proof to attribute criminal liability in suicide cases. Its purpose is to prevent abuse of the legal framework and ensure that genuine cases of incitement are appropriately addressed. Thus, courts must carefully evaluate the evidence to determine whether the actions of the accused directly or indirectly incited or pressured the deceased to take such an extreme step.
However, in cases like that of Subhash, who left a written statement of the reasons for his untimely demise in which he blamed his estranged wife, mother-in-law and the family court judge, the parameters established in various judgments will be tested. Specific cases like his. This highlights why each case should be dealt with with careful deliberation, and not simply dismissed because a direct link is missing. The test in such cases is inherently subjective, requiring a thorough examination of the circumstances, actions and intent involved.
In my opinion, the vital requirement of establishing a clear causal connection between the actions of the accused and the act of suicide serves as an important test, although this is still subject to the circumstances. The Court’s emphasis on evaluating whether the actions of the accused were sufficient in both timing and intensity to induce the deceased to take his own life is an important finding.
Yet, it also serves as a reminder that a charge of abetment of suicide cannot be based on conjecture or generalized allegations. Also, the reasons given in writing by a deceased person should not be dismissed as generalised. Although there is a certain clarity on evidentiary requirements in such cases, the subjective nature of the test leaves room for possible misinterpretation. This reinforces the need to strike a delicate balance between protecting individuals from unfair accusations and ensuring justice to victims of actual acts of incitement.
Each case requires careful assessment to maintain both objectivity and accountability.
(Tahini Bhushan is a partner at Tatvika Legal, a full-service law firm based in Delhi-NCR. The views expressed are the author’s own. This is an opinion, and the views expressed are the author’s own. The Quint Neither endorses nor is responsible for them.)
