Court’s Observation: Mere Suspicion of Extramarital Affair Insufficient for Abetment Charge
The Delhi High Court granted bail to a man accused in a dowry death case. The Court ruled that mere suspicion of extramarital affair or strained marital relations does not fulfill the legal threshold for abetment of suicide under Section 306 of the IPC.
Justice Sanjeev Narula emphasized that the law under Section 306 IPC requires clear evidence of instigation, provocation, or deliberate omission. Suspicion alone, without concrete acts, is not enough to support the charge.
Extramarital Affair Not Automatically Cruelty
The Court clarified that an extramarital relationship does not automatically constitute cruelty under Section 498A IPC. For such a relationship to qualify as cruelty or abetment of suicide, it must be shown that the affair was pursued with intent to harass or torment the deceased.
The Court emphasized that judges must assess each case based on its specific facts and can sustain a charge under Section 306 IPC only when all elements of the offence are present.
Allegations Based on Post-Incident Statements
In this case, the prosecution relied heavily on statements made by the deceased’s parents and sister after her death. They claimed the husband was in a relationship with a colleague and had physically abused his wife.
They also alleged that she faced regular domestic violence in the year before her death. However, the Court noted there were no formal complaints or evidence from the deceased or her family during her lifetime.
Dowry Harassment Allegations Unsubstantiated
The dowry-related claims focused on the husband’s alleged pressure to arrange funds for car installment payments. However, the Court pointed out that no contemporaneous complaint was made during the deceased’s life.
The absence of timely grievances weakened the credibility of the dowry harassment claim. The Court found no clear evidence of any immediate acts that led to the suicide.
Court Grants Bail Citing Completed Investigation
The accused had been in custody since March 20, 2024. The investigation is complete, and the chargesheet has been filed. The case is currently at the evidence stage.
The Court held that the trial is unlikely to conclude soon due to the large number of witnesses and evidence. No risk of tampering or absconding was found. Continued detention, it said, would serve no useful purpose.
Conclusion
The Delhi High Court granted bail, ruling that the legal requirements for abetment of suicide were not met. It highlighted the need for concrete and immediate acts to invoke serious charges under Sections 306 and 498A of the IPC.
