IIT B
Only 26 of 210 trials completed in 2024 ended in conviction; 176 resulted in acquittal and eight ended in discharge, according to the National Crime Records Bureau report. The recorded conviction rate was 12.4%. At the year-end, 4,063 cases were still pending trial, with the pendency percentage at 94.9%.
Abetment, the Supreme Court has held, involves “instigation” that is direct, proximate and intentional. Senior advocate Rajendra Shirodkar said that in the IIT-B case, once the police probe is over and if the matter goes to trial, the court will ascertain whether there was abetment and instigation, its proximity in time to the suicide, and other surrounding factors. Mumbai: The recent death by suicide of a second-year IIT-Bombay student brought into sharp focus one of the most legally complex and emotionally charged areas of criminal law: abetment of suicide. At its core, the offence requires a trial court to ascertain whether a person’s words, actions, neglect or dereliction directly instigated and caused another individual to take their own life. However, convictions in abetment-related cases remain difficult to secure.
A “direct influence or oblique impact” of the words of an accused on a person’s mind is also not sufficient to constitute abetment of suicide, Bombay High Court Justices A S Chandurkar and Jitendra Jain held in 2024 while acquitting eight members of a Nashik family. Advocate Mubin Solkar said, “The Supreme Court has said factors like the victim’s age, personality, upbringing, rural or urban background, education and self-confidence play a role in evaluating a case. Importantly, words uttered in a fit of anger or emotion, without intention that their consequence should actually follow, would not necessarily constitute instigation. ” Advocate Prashant Patil said to understand the law on abetment of suicide, one must first understand the definition of abetment. Individual sensitivity to a particular situation cannot, by itself, amount to instigation in law,” Patil said. He further said that while the right to live with dignity is a fundamental right, the right to die is not recognised under law.
Instigation involves goading, urging, provoking, inciting or encouraging a person to do an act. “The provision requires an overt act by the accused in instigating the victim into a situation where the victim is left with no alternative but to die by suicide. Supreme Court judgments have consistently held that there must be intention, or mens rea, on the part of the accused.
Establishing Intent in Legal Cases
In legal proceedings, the burden of proof relies heavily on the specific facts and circumstances surrounding each case. A critical element in establishing guilt is mens rea, a Latin term meaning ‘guilty mind.’ This concept is vital to demonstrate that any alleged instigation was done intentionally. The Supreme Court has clarified that mens rea cannot be assumed; it must be explicitly proven by the prosecution.