The Delhi High Court has ruled that routine quarrels within a marriage or family cannot, by themselves, be considered as abetment to suicide. The court granted anticipatory bail to a woman and her son accused of abetting the suicide of her husband, who died by suicide on April 30 last year.

Justice Ravinder Dudeja, while delivering the order, emphasized that in suicide cases, especially those alleging abetment, the courts must consider the mental and emotional condition of the deceased. He noted that abetment requires a higher threshold of evidence—namely, active instigation, conspiracy, or intentional aid.

“Abetment involves instigating a person to commit an offence, engaging in a conspiracy to do so, or intentionally assisting them. Mere harassment or domestic disputes do not necessarily constitute abetment,” the judge observed. He further clarified that not every suicide implies abetment and that the conduct of the accused must be such that a reasonable person, not someone who is unusually sensitive or emotionally unstable, would be compelled to take such an extreme step.

The court was hearing anticipatory bail pleas filed by the woman and her son, who were accused of torturing and poisoning the deceased. The prosecution argued that shortly before his death, the man had circulated a WhatsApp message claiming he was being harassed and poisoned by the petitioners.

However, the defense presented the deceased’s medical records showing a history of mental health issues, including depression, bipolar disorder, and suicidal tendencies. The counsel also submitted that the deceased was undergoing psychiatric treatment and had previously expressed threats of suicide. It was also alleged that he had subjected his wife to repeated sexual abuse, including unnatural acts, in the presence of their children.

Additionally, transcripts of recorded conversations were presented in court, which prima facie revealed that the deceased had used abusive language against the petitioners. Taking all these factors into account, the court granted protection from arrest to the woman and her son.