Allegations of Mental Harassment and Matrimonial Discord Alone Do Not Prima Facie Establish ‘Instigation’ Under Section 108 BNS; Punjab & Haryana High Court Grants Bail
Case Name: Bipasha @ Ankita and Another v. State of Punjab
Date of Judgment: 30 June 2026
Citation: CRM-M-32689 of 2026
Bench: Justice Yashvir Singh Rathor
Held: The Punjab and Haryana High Court held that mere matrimonial discord, domestic quarrels or strained marital relations do not, by themselves, prima facie establish the offence of abetment of suicide under Section 108 of the Bharatiya Nyaya Sanhita, 2023. Since instigation or incitement is an essential ingredient of the offence, whether such ingredient was satisfied in the present case was a matter requiring trial. Considering the prolonged custody of the petitioners, completion of investigation, filing of the challan, parity with a co-accused already granted bail and the likely delay in conclusion of trial, the Court granted regular bail.
Summary: The petitioners sought regular bail in an FIR registered under Section 108 of the Bharatiya Nyaya Sanhita, 2023, alleging abetment of the suicide of the husband of petitioner No.1. According to the prosecution, the deceased had been subjected to repeated quarrels, humiliation and pressure by his wife and her family, following which he consumed poison. A suicide note recovered from his laptop was relied upon during investigation.
The petitioners contended that the matrimonial relationship had irretrievably broken down due to temperamental differences and that both spouses had already jointly initiated proceedings for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. It was argued that even if the allegations contained in the FIR were accepted in their entirety, they merely disclosed matrimonial disputes and disagreements, which by themselves did not amount to instigation or incitement, the indispensable ingredients of the offence of abetment of suicide under Section 108 BNS.
The High Court observed that the allegations would require detailed appreciation during trial to determine whether the conduct attributed to the petitioners constituted the degree of instigation or incitement necessary to attract criminal liability for abetment of suicide. The Court noted that mere quarrels or marital discord cannot automatically be equated with instigation compelling a person to commit suicide.
The Court further took into consideration that the petitioners had remained in custody since 19.12.2025, the investigation had concluded, the challan had already been presented, a co-accused had been granted bail on parity, and the trial was likely to consume considerable time. In these circumstances, continued incarceration was held to be unwarranted.
Decision: The High Court allowed the bail petition and directed the release of the petitioners on regular bail upon furnishing the requisite bail and surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. The Court clarified that its observations were confined to the adjudication of the bail application and would not affect the merits of the trial.