Punjab & Haryana High Court Grants Bail to Woman Accused of Abetment of Suicide; Holds Mens Rea and Proximate Instigation Not Prima Facie Established
Case Name: Satnam Kaur v. State of Punjab
Date of Judgment: 10 February 2026
Citation: CRM-M-65803-2025
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The Punjab and Haryana High Court held that for attracting Section 108 of the Bharatiya Nyaya Sanhita (abetment of suicide), there must be prima facie material showing direct or indirect instigation coupled with mens rea. Mere allegations of harassment or matrimonial discord, without any proximate act leading to suicide, are insufficient. The Court granted regular bail, observing that the essential ingredients of abetment were not prima facie made out.
Summary: The petitioner sought regular bail in FIR No.0126 dated 25.06.2025 registered under Sections 108 and 3(5) of the BNS at Police Station Division ‘B’, Amritsar. The FIR alleged that due to matrimonial discord, the petitioner and her sister had misbehaved with and assaulted the deceased on 21.06.2025, after which he left home and was later found dead in a canal.
The prosecution alleged abetment of suicide on account of harassment. The petitioner had been in custody since 25.06.2025.
The Court examined the legal ingredients of abetment under Section 108 BNS (pari materia with Section 306 IPC) and reiterated that there must be active instigation, incitement, or facilitation proximate to the occurrence. Relying upon Aranb Manoranjan Goswami v. State of Maharashtra, the Court observed that mere harassment does not suffice unless accompanied by a clear mens rea and direct nexus to the suicide.
At the stage of consideration of bail, the Court found that prima facie material did not disclose the essential element of instigation or guilty intent. The petitioner had been in custody for approximately seven months and the trial was likely to take time.
Decision: The petition was allowed. The petitioner was granted regular bail subject to conditions imposed by the trial Court.