Kochi
The Kerala High Court has ruled that when considering cases of abetment of suicide, the approach may differ depending on whether it involves the death of a wife or a husband. Justice Bechu Kurian Thomas emphasized that each case must be examined based on its unique circumstances and facts. He noted that the suicides of wives and husbands might be treated differently, especially with the incorporation of Sections 113A and 113B of the Indian Evidence Act, which establish certain presumptions.
The court’s decision was prompted by a woman’s petition seeking to dismiss charges against her for allegedly abetting her husband’s suicide. Initially labeled as an unnatural death, the case was later changed to abetment of suicide. The prosecution argued that marital discord arose after the woman discovered intimate videos of her husband with his ex-girlfriend, leading to his suicide.
However, the court found no evidence that the woman encouraged her husband to end his life. Normal marital conflicts, the court stressed, do not constitute abetment of suicide unless there is clear instigation or assistance. After reviewing the case thoroughly, the court concluded that the woman had no intention of driving her husband to suicide and therefore quashed the charges against her.
