The Delhi High Court has held that a breakup in a relationship, by itself, does not amount to “instigation” to attract the offence of abetment of suicide under Section 108 of the Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding to Section 306 of the Indian Penal Code).
Justice Manoj Jain made the observation while granting regular bail to a university professor accused of abetting the suicide of a 27-year-old woman.
“Though, broken relationship and heartbreaks have become common these days, mere breaking-up of relationship may not per se constitute instigation so as to make it to be a case of abetment under Section 108 BNS (corresponding Section 306 IPC),” the Court said.
Background and allegations
The FIR was registered after the woman allegedly died by suicide by hanging at her residence on October 24, 2025.
On the next day, her father lodged a complaint. He alleged that the accused abetted her suicide by coercing her to convert her religion as a precondition for marriage.
According to the complaint, the deceased worked as a school teacher. She came into contact with the accused during her academic pursuits. The complaint alleged that the accused entered into a relationship with her and later pressured her to convert. This, the complainant said, caused her severe mental distress.
The police arrested the accused on November 14, last year.
Court’s assessment
While granting bail, the High Court noted that no dying declaration was available. The Court said it could not assess what the deceased was thinking when she took the step of ending her life.
The Court also noted that the parties had been in a relationship for about eight years. During this period, no complaint was filed from the side of the deceased.
Justice Jain observed that the accused was charge-sheeted only for abetment of suicide. It was not a case of sexual exploitation.
The Court referred to material collected during investigation. It noted that diaries recovered from the deceased’s house appeared to record her “manifestation”. The entries suggested that, being in a love relationship, she wanted to turn her desire into reality.
The Court also treated the case as one of a broken relationship. It noted that the deceased allegedly ended her life after learning that the accused had married someone else.
Meaning of “instigation” under abetment law
The Court explained that “instigation” means provoking, inciting, or encouraging a person to do an act.
It added that abetment or instigation requires a clear mens rea on the part of the accused.
The Court further held that instigation must be of such a nature that it leaves the deceased with no option but to commit suicide.
Bail conditions
After noting that the investigation was complete and the charge sheet had been filed, and considering the accused’s roots in society, the Delhi High Court granted regular bail subject to the accused furnishing:
- Personal bond: ₹25,000
- Surety bond: ₹25,000
Case title: NOOR MOHAMMAD v. STATE NCT OF DELHI
