The Supreme Court today ruled that abusive or offensive remarks, including calling someone "impotent," cannot by themselves amount to abetment of suicide under the law. The judgment came while quashing criminal proceedings against a couple accused in the suicide of their son-in-law.

The case stemmed from an incident where the couple allegedly used harsh language and forcibly took their daughter back from her husband's home. A month later, the man died by suicide, leaving behind a note accusing his in-laws of harassment and stating they had insulted him by calling him "impotent."

The Madras High Court had earlier refused to quash the police case against the in-laws. However, a bench comprising Justices Abhay S. Oka and A.G. Masih reversed that decision, observing that the suicide note did not indicate any continuous provocation or sustained harassment by the accused.

“Merely because the act of the accused was offensive to the deceased, it cannot by itself constitute abetment to suicide,” the court held. The bench emphasized that the man took his life a month after the alleged incident and that there had been no communication between him and his in-laws in that period.

Underlining the legal standard for abetment, the court stated that for an offence under Section 306 of the Indian Penal Code (IPC) to be made out, there must be evidence of intent to provoke, instigate, or aid the commission of suicide.

“The suicide note does not demonstrate that the accused intentionally provoked or subjected the deceased to persistent cruelty or harassment,” the court noted. “Intent cannot be presumed; it must be clear and evident, which is lacking in this case,” the bench concluded.