QUASHING OF 306 IPC WITH RELEVANT CITATIONS
Posted on April 1, 2024
Quashing a Section 306 offense typically refers to the legal process of having the charge or accusation related to Section 306 of the Indian Penal Code (IPC) dismissed or nullified. Section 306 pertains to abetment of suicide, making it an offense to abet someone in committing suicide. Quashing such an offense would involve legal proceedings to challenge the validity or legality of the charge, usually on grounds such as lack of evidence, procedural irregularities, or other legal deficiencies. It’s important to consult with a legal expert for specific advice on how to proceed with quashing a Section 306 offense, as the process can vary based on the circumstances of the case.
Citations relating to 306 of Indian Penal Code, 1860
- 2001 (4) SCR 247 – Ramesh Kumar v. State of Chhattisgarh (2001): In this case, the Supreme Court held that to establish the offense of abetment of suicide under Section 306 IPC, there must be proof of direct or indirect acts of incitement to the commission of suicide.
- Pawan Kumar v. State of Haryana (2012): The Supreme Court held that mere harassment or taunts, without any instigation to commit suicide, would not amount to abetment under Section 306 IPC.
- (2013) 2 SCC 713 – Gurcharan Singh v. State of Punjab (2013): The Supreme Court reiterated that to establish abetment of suicide, there must be evidence to show that the accused intended to provoke, incite, or encourage the commission of suicide.
- (2010) 1 SCC 701 – Amalendu Pal alias Jhantu v. State of West Bengal (2010): The Calcutta High Court held that abetment of suicide requires an active or direct act on the part of the accused, which leads the deceased to commit suicide.
These judgments highlight the importance of proving direct or indirect acts of incitement or encouragement to establish the offense of abetment of suicide under Section 306 IPC.
Article Written by
Pathakota Venkata Mohana Rao B.Com, LL.M
Advocate at High Court of Andhra Pradesh and Telangana
Designated Partner at VENSO LAW OFFICES LLP
Office No: +91 967 967 6450
E-mail ID: vensolawofficesllp@gmail.com
