Telling Wife to Die is Not Always Abetment of Suicide: Allahabad High Court

The Allahabad High Court has ruled in a significant judgment that using phrases such as 'go and die' or 'die' during a quarrel with a spouse cannot automatically be considered abetment of suicide. Justice Zafar Ahmed observed that it is necessary to examine the intent and the circumstances under which such words were spoken. Based on this reasoning, the court has acquitted a husband in a case from Barabanki.

According to the details of the case, the brother of the deceased had filed a police complaint on 15 September 2023. The complaint stated that his sister had married the accused 20 years ago, but the couple had no children. It was alleged that the husband harassed the wife for this reason and told her to end her life by jumping into a river or by hanging. Between the midnight of 9 and 10 September 2023, the woman's body was found hanging in the house.

On 9 March 2025, the Barabanki Sessions Court found the husband guilty and sentenced him to seven years of rigorous imprisonment along with a fine of ₹20,000. The husband appealed this sentence in the High Court. In the High Court, the husband argued that his wife had been suffering from tuberculosis for a long time and was in depression as there was no improvement despite treatment. He further stated that the witnesses for the prosecution were close relatives and there were contradictions in their statements, and there was no evidence of abetment of suicide.

On the other hand, the government prosecutor opposing the appeal stated that the witnesses consistently testified that the accused tortured the wife due to her physical condition and the lack of children. However, the High Court noted that no police report, letter, medical document, or previous complaint was presented to support the claims of harassment during the 20 years of marriage.

The court further observed that the brother of the deceased had not informed the police about any phone calls in which the woman had complained of physical assault or pressure to commit suicide. According to the investigating officer, the husband himself was the first to inform the police about the wife's death.

The court clarified that abuses uttered in anger or words spoken in emotional provocation cannot be considered abetment under criminal law. For such a charge, it is imperative to prove the specific intent and role of the accused. Questioning the trial court's verdict, the court stated that one cannot be convicted solely on the basis of allegations of suicide and harassment. Committing suicide and abetting suicide are two different things; therefore, it must be proven that the accused intentionally helped or conspired. According to a report by TV9 Gujarati, the High Court has acquitted the husband for all these reasons.