Laxmi Das vs. State of West Bengal, 2025 INSC 86, Supreme Court of India, Judgment dated January 21, 2025
- ByPravleen Kaur --
- 15 Jun 2025 --
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The Supreme Court in Laxmi Das vs. State of West Bengal [2025 INSC 86, decided January 21, 2025] clarified the legal threshold for abetment of suicide under Section 306 of the Indian Penal Code (IPC), particularly in the context of familial disapproval of a relationship.
Facts and Background
The case arose from the tragic suicide of Souma Pal, who was in a relationship with the appellant’s son. The deceased’s family alleged that Laxmi Das (the mother of the boy) and other family members abetted the suicide by opposing the relationship and making disparaging remarks. An FIR was filed under Sections 306, 109, and 34 of the IPC, with allegations that the family’s opposition and certain statements amounted to instigation.
Legal Issues
Whether mere disapproval of a relationship or marriage by a family member constitutes “abetment” under Section 306 IPC.
What constitutes “instigation” or “active involvement” in abetment of suicide cases.
Supreme Court’s Findings
A two-judge bench of Justices B.V. Nagarathna and Satish Chandra Sharma held that for a charge of abetment of suicide to be sustained, the prosecution must demonstrate a direct or indirect act of incitement or active involvement that pushes the deceased to take their own life. The Court emphasized that mere disapproval of a relationship, or utterances made in anger or frustration, do not amount to “instigation” or abetment under Section 306 IPC.
The Court found no evidence of any direct or indirect act by Laxmi Das that could be said to have driven the deceased to suicide. The actions and statements attributed to her were deemed too remote and lacking the necessary criminal intent (mens rea) to constitute abetment. The bench reiterated that Section 306 requires a clear and deliberate act, not just disagreement or familial opposition.
The Supreme Court thus quashed the charges of abetment of suicide against Laxmi Das, setting aside the High Court’s order that had refused her relief. The Court directed the trial court to proceed only against the remaining accused, if warranted by the evidence.
Conclusion
Disapproval of a relationship or marriage, without direct incitement or coercion, does not constitute abetment of suicide under Section 306 IPC.
There must be a clear, positive act and criminal intent to sustain such a charge.
The Supreme Court quashed the proceedings against Laxmi Das, reaffirming that mere familial opposition is insufficient for criminal liability under Section 306.
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