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Chattisgarh High Court held that mere refusal to marry is not an instigation under section 306 of the Indian Penal Code. If that was the case, then the court would be full of hundreds of litigants.
In order for section 306 to apply, it is important to prove that the accused actually instigated the victim to commit suicide or even instigated in conspiracy to get her to commit suicide.
The judge contended that:
“Making refusal by the Applicant to the deceased cannot be said to be an instigation on the part of the Applicant. It is a normal practice of the society that before finalization of a marriage, parties visit many families and even after taking talks for a long period, refusal of marriage takes place and in this circumstance, if, on refusal of marriage, any girl or boy commits suicide, it will generate huge number of litigation of offence punishable under Section 306 of the Indian Penal Code. Therefore, only on refusal of marriage, if a girl or boy commits suicide, that cannot be held to be a case of offence punishable under Section 306 of the Indian Penal Code.”
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