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Regular bail application against 108 bns


08-Dec-2025 (In Criminal Law)
A girl was married since nov30 2022.she was facing domestic violence from the marriage bcz of class issues in between both families. She filed fir in PS after catching her husband with other girls with the help of police on 14 August 2024.the grrom was arrested and remained under custody for 42 days.She registered an Fir in NCW on 8th march 2023.they both had touch in phn and some time they met privately bcz that boy asked her to compromise .that guy committed suicide alleged the girl abets him.
Answers (3)

Answer #1
615 votes
The charge of abetment under BNS is legally untenable in this case as the essential element of 'instigation' an active, proximate act intended to drive the deceased to suicide is conspicuously absent. Merely pursuing legal remedies, such as filing an FIR for domestic violence or approaching the NCW, constitutes the exercise of a statutory right and cannot be construed as incitement, nor can the wife be held criminally liable for the husband's hypersensitivity or inability to cope with the guilt of his own infidelity and subsequent custody. The fact that the parties were in communication to negotiate a compromise further negates any mens rea or intent on her part to abet his death. However, given the gravity of the allegations, the wife must immediately secure Anticipatory Bail under Section 482 BNSS to safeguard her liberty against arbitrary arrest, allowing her to cooperate with the investigation while demonstrating that her actions were lawful legal pursuits rather than criminal incitement.
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Advocate Haraprasad Panda

Adv. Haraprasad Panda

LawRato Cuttack | 5+ Answers
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Answer #2
680 votes
As per supreme court and High courts past decisions abetment to suicide requires direct and alarming encouragement. However we also have seen previously in a matter in Kerala where Justice B Thomas underlined that merely filing a complaint before relevant authorities can't be referred to as abetment to Suicide. However as an advocate I would ask you to gather all the evidence supporting your claim and records of past harassments for acquittal before the court of law and before oneself.
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Advocate Adhikari Narendra Bhusan Mallick

Adv. Adhikari Narendra Bhusan Mallick

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Answer #3
914 votes
First of all file an application for regular bail. An alleged offence of abetment of suicide is a serious one. Usually the lower courts do not grant bail in such cases. High Court can grant bail in such cases as abetment of suicide is a cognizable and non bailable offence and the punishment prescribed being for more than 10 years. For further legal advice contact our office. Our team will be happy to help you.
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Advocate Sahil Kumar Nair

Adv. Sahil Kumar Nair

LawRatoBalangir | 100+ Answers
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