Chhattisgarh High Court Acquits Man in Section 306 IPC Abetment of Suicide Case

News Citation : 2026 LN (HC) 124 | 2026:CGHC:7729

February 12, 2026 : The High Court of Chhattisgarh has acquitted a man convicted of abetment of suicide, holding that the prosecution failed to prove both the nature of the woman’s death and any direct instigation by the accused.

In a judgment delivered on February 12, 2026, Justice Rajani Dubey allowed a criminal appeal filed by Basant Kumar, setting aside his 2007 conviction under Section 306 of the Indian Penal Code. The trial court had sentenced him to four years of rigorous imprisonment along with a fine of Rs. 500.

The case dates back nearly two decades. According to the prosecution, Tikaitin Bai had been married to the appellant for about four years before her death. During a period of mourning in the husband’s family following his grandmother’s death, she returned to her matrimonial home. Nine days later, she died after allegedly consuming liquor or poison.

Her family accused the husband of harassment and abetment. The trial court found him guilty under Section 306 IPC, which deals with abetment of suicide. He challenged that conviction before the High Court.

Medical evidence, however, raised serious doubts. The doctor who conducted the postmortem stated that the cause of death was asphyxia, but the exact cause remained unknown. In cross-examination, he admitted that asphyxia could result from vomiting and diarrhea. The investigating officer also stated that at the time of the inquest, witnesses had indicated that the death may have been due to dehydration or food poisoning. Notably, no forensic science laboratory report was produced before the trial court.

Family members of the deceased alleged that quarrels took place between the couple and that a village panchayat had earlier intervened, leading to a written compromise. However, other witnesses testified that they had heard the woman died after consuming liquor and that there were signs of vomiting and diarrhea.

While acknowledging evidence of domestic disputes, the High Court found no clear proof of instigation or intentional aid by the husband that could satisfy the requirements of Section 107 IPC, which defines abetment.

The court relied on recent Supreme Court rulings, including Jayedeepsinh Pravinsinh Chavda vs State of Gujarat and Mohit Singhal vs State of Uttarakhand, which reaffirm that mere harassment is not enough to sustain a conviction under Section 306 IPC. There must be clear evidence of mens rea and a direct or active act that pushes the victim to take their own life.

Justice Dubey observed that the prosecution had failed to establish whether the death was suicidal or otherwise. Even if disputes existed between the couple, the essential ingredients of abetment were missing. There was no evidence showing that the accused instigated or intentionally aided the deceased in committing suicide.

Holding that the trial court had not properly appreciated the evidence, the High Court set aside the conviction and acquitted the appellant. As he was already on bail, the court directed him to furnish a personal bond of Rs. 25,000 under Section 481 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to remain effective for six months in case a Special Leave Petition is filed before the Supreme Court. The trial court record has been directed to be returned for necessary compliance.

Case Reference : CRA No. 661 of 2007, Basant Kumar v. State of Chhattisgarh; for the appellant: Mr. Neeraj Mehta, Advocate; for the respondent: Ms. Sunita Sahu, Panel Lawyer.