Declining Marriage Proposal Is Not Considered Abetment of Suicide

The Court noted that the deceased’s dying declaration did not allege any physical relationship or sexual intercourse with the accused based on a promise of marriage.

On Friday, the Supreme Court ruled that merely refusing to marry does not amount to abetment of suicide under the Indian Penal Code (IPC) [Kamaruddin Dastagir Sanadi v. State of Karnataka].

The judgment was issued while acquitting a man accused of cheating and abetment of suicide in connection with a 2007 case where the man had declined to marry a woman who later died by suicide.

A Bench of Justices Pankaj Mithal and Ujjal Bhuyan found no direct evidence to suggest that the appellant had provoked or encouraged the deceased to take her own life.

“The accused-appellant on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide…even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide. The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide. Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide,” the Court said.

The appellant contested his conviction by the High Court under Sections 417 (cheating) and 306 (abetment of suicide) of the Indian Penal Code (IPC).

According to the prosecution, the appellant had promised to marry a 21-year-old woman who had been in love with him since she was 13. After he refused to marry her, she consumed poison and died by suicide.

The trial court had initially acquitted the appellant of all charges, citing insufficient evidence to establish a sexual relationship, instigation, or intent to abet suicide.

However, the High Court, acting on an appeal by the State of Karnataka, reversed the acquittal and convicted him. The appellant was sentenced to one year in prison for cheating and four years for abetment of suicide.

The Court highlighted that the deceased’s dying declaration made no mention of a physical relationship or sexual intercourse with the accused under the pretext of marriage.

“The dying declaration indicates that it was the deceased who was in love with the accused-appellant and wanted to marry him. When the accused-appellant had left the village, it was the deceased who made search about him and came to know that he was residing in Kakati. She herself traced him out at Kakati and went after him. She called him and when they met, he refused to marry her and thus, as her sentiments were hurt, she consumed poison leading to her death,” it added.
The Court also noted that the deceased did not accuse the appellant of urging her to consume poison or take her own life, and there is no evidence to substantiate such an allegation.

“Even the mother of the deceased (PW-1) in her statement revealed that it was the deceased who was in love with the accused-appellant and that she wanted her mother to convince him to marry her,” the Court stated.

Concerning the promise to marry, the Court noted that it was said to have been made during a jamaat (panchayat) meeting in the presence of village elders, with two witnesses testifying to the proceedings.

However, the Court pointed out that while these witnesses had provided a written document outlining the panchayat proceedings to the deceased and her mother, the mother failed to produce this document to support the claim that the appellant had promised or agreed to marry her daughter.

As a result, the Court overturned the appellant’s conviction and acquitted him.