Saturday, June 26, 2010

Abetment of Suicide

MENS REA TO COMMIT OFFENCE UNDER SECTION 306 OF IPC IS ESSENTIAL

On 5th January, 2010, a two Judges Bench in Gangula Mohan Reddy v. State of Andhra Pradesh [Crl.A. No. 1301 of 2002] held that “in order to convict a person under Section 306 IPC, there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he committed suicide.”

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