In such cases there must be an allegation that the accused had instigated the deceased to commit suicide, or secondly, had engaged with some other person in a conspiracy, and lastly, that the accused had in any way aided in any act or illegal omission to bring about the suicide,”
2) “The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306.”
3)
Without specific material or evidence, it'll be hazardous to ask accused to face trial
Observing that a criminal trial is not a pleasant experience, the Supreme Court has held that unless there are specific material and evidence of abetment to suicide, it will be hazardous to ask the accused to face trial.
Asking courts to be extremely cautious in convicting the accused in abetment to suicide cases, a Bench of Justices V.S. Sirpurkar and Cyriac Joseph noted that a person who took his own life would not be available for cross- examination, to verify the allegations made in the suicide note.