Abetment involves the mental process of instigating a person or intentionally aiding a person in doing of a thing. Abetment by a person is when a person instigates another to do something. Instigation can be inferred where the accused had, by his acts or omission created such circumstances that the deceased was left with no other option except to commit suicide. In order to constitute abetment, the abettors must have intentionally aided the commission of offence. Aiding can be construed as an act of intentionally facilitating the commission of an offence.
Without a positive act on the part of the accused, in aiding or instigating or abetting the deceased to commit suicide, a conviction cannot be sustained.
Suicide in a suicide pact is conditional upon mutual participation of the other. In other words, if not for the active participation of both the parties, the act would not occur. The law treats such conduct as abetment because the State has a fundamental interest in preserving life. Any assistance in ending life is treated as a crime against the State.
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Chapter XVI (Section – 306) of The Indian Penal Code (IPC), 1860