Madras High Court Clears Man of Abetment to Suicide in Controversial Case since it lacked Mens Rea
Last Updated on September 28, 2023 by News Desk
The Madurai Bench of the Madras High Court overturned a man’s conviction for helping his wife commit suicide after killing her two children. Justice P. N. Prakash stated that the alleged abetter must have played an act of instigation or by doing certain acts to facilitate the commission of suicide to fall under the purview of IPC 306.
The judge allowed Arokiasamy’s appeal after he had contested his conviction and the 10 years of harsh imprisonment given to him for aiding in the suicide by a lower court.
The judge cited a Supreme Court decision that “even if we accept the prosecution story that the appellant did advise the dead “to go and die,” that by itself does not constitute an element of inducement.” The judge also ruled that statements made in a heated argument or on the spur of the moment could not be interpreted as having been made with mens rea.
In October 2002, Arokiasamy was found guilty for allegedly saying to his wife, “Why do you live? Go and perish.”
Written by: Srijan Raj @raaj_srijan
