Abhay Kumar Katare Vs. State of Madhya Pradesh
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 482 - Saving of inherent powers of High Court
Section 161 - Examination of witnesses by police
Section 174 - Police to enquire and report on suicide, etc
Madhya Pradesh High Court (Single Judge)
MCRC, 5952 of 2018, Judgment Date: Mar 26, 2018
Law laid down -
(1) 'Abetment' – Involves a mental preparedness of a person to instigate or intentionally aiding a person in doing a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide – no offence can be said to be made.
(2) The intention of the Legislature is that to convict a person under section 306 IPC, there has to be a clear mens rea and close proximate link to commit the offence. It also requires an active act or direct act which facilitating the act of commission of suicide by the deceased.
Abhay Kumar Katare Vs. State of Madhya Pradesh