The Bombay High Court has clarified that mere romantic involvement and subsequent refusal to marry a minor, even when followed by suicide, does not prima facie constitute abetment to suicide under the Bharatiya Nyaya Sanhita, 2023. The judgment underscores the necessity of active encouragement or intentional provocation to establish criminal liability under Sections 108 and 3(5) of the BNS.
Background & Facts
The Dispute
The applicant, Nawed Khan Ahmad Khan, seeks anticipatory bail in connection with First Information Report Crime No. 101/2026, registered on 05/02/2026 at Police Station Darwha, District Yavatmal, under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The case arises from the suicide of Ansira, a 16-year-old girl, on 01/07/2025. The informant, Jamil Khan Mustafa Khan, is Ansira’s father. The applicant is accused as the primary respondent, while his mother is named as the co-accused and has already been granted anticipatory bail by the Sessions Court.
Key Facts
- Ansira, aged approximately 16 years, was in a consensual romantic relationship with the applicant.
- The informant and his wife attempted to dissuade Ansira from the relationship, assuring her that once she attained majority, they would arrange a marriage of her choice.
- On 20/06/2025 at approximately 02:00 a.m., Ansira was found leaving the applicant’s residence.
- She was brought back home by her parents to avoid social stigma.
- On 21/06/2025, Ansira visited the applicant’s house and allegedly accused him of ruining her life, defrauding her, and defaming her parents.
- The co-accused, the applicant’s mother, reportedly used abusive language, calling Ansira a girl of easy virtue and a prostitute.
- The applicant allegedly refused to marry Ansira despite prior indications of willingness.
- Ansira remained under mental stress despite parental consolation.
- On 01/07/2025, Ansira committed suicide by hanging inside her family home.
Procedural History
- 20/06/2025: Ansira found leaving applicant’s residence.
- 21/06/2025: Ansira confronts applicant, alleges betrayal and defamation.
- 01/07/2025: Ansira commits suicide.
- 05/02/2026: FIR Crime No. 101/2026 registered against applicant and his mother.
- Before 17/04/2026: Co-accused (applicant’s mother) granted anticipatory bail by Sessions Court.
- 17/04/2026: Present application for anticipatory bail filed before Bombay High Court, Nagpur Bench.
The Parties' Positions
Relief Sought
The applicant seeks protection from arrest in connection with Crime No. 101/2026 and anticipatory bail under Sections 108 and 3(5) of the BNS, subject to conditions including surrender of mobile phone, cooperation with investigation, and non-interference with witnesses.
The Legal Issue
The central question was whether the allegations in the FIR, even if accepted at face value, establish a prima facie case of abetment to suicide under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, where the deceased was a minor in a consensual relationship, and the accused’s conduct consisted of refusal to marry and verbal abuse by a third party.
Arguments Presented
For the Appellant/Petitioner
The learned counsel argued that abetment to suicide requires active instigation, intentional encouragement, or direct compulsion leading to the suicide. Mere romantic involvement, followed by a change of heart and refusal to marry, cannot be equated with abetment. The humiliation alleged was not directly attributable to the applicant alone, and the co-accused’s abusive remarks cannot be imputed to him without evidence of conspiracy. He cited State of Haryana v. Bhagirath and Sushil Kumar Sharma v. Union of India to emphasize that mental distress arising from broken relationships, without active encouragement of suicide, does not attract criminal liability.
For the Respondent/State
The learned Additional Public Prosecutor contended that the applicant, being an adult, exploited a minor girl by promising marriage and then reneging on it. The verbal abuse by the applicant’s mother, coupled with the applicant’s refusal to marry, created a hostile environment that led to Ansira’s suicide. She relied on State of Maharashtra v. Suresh to argue that persistent humiliation and betrayal can constitute abetment, even without direct incitement.
The Court's Analysis
The Court examined the ingredients of abetment to suicide under Section 3(5) of the BNS, which mirrors the former Section 306 IPC, requiring proof of intentional act or illegal omission that directly leads to the suicide. The Court noted that mere moral failure or broken promises, however regrettable, do not amount to criminal abetment.
"Prima facie, the aforesaid allegations fail to make out a case against the applicant that, he abetted the commission of suicide."
The Court emphasized that the applicant’s conduct - engaging in a relationship with a minor and later refusing marriage - while morally questionable, does not, by itself, constitute the necessary mens rea or actus reus for abetment. The suicide followed a period of emotional distress, but there was no allegation of threats, coercion, or direct instigation by the applicant. The abusive language attributed to the co-accused was not shown to be instigated or endorsed by the applicant. The Court further held that the prosecution’s burden to establish a direct causal link between the accused’s conduct and the suicide remains unmet at this stage.
Regarding the non-surrender of the mobile phone, the Court accepted the applicant’s undertaking to produce it within one week, noting that this condition would safeguard the investigation without necessitating pre-arrest detention.
The Verdict
The applicant succeeded. The Court allowed the application for anticipatory bail. In the event of arrest, the applicant shall be released on furnishing a personal bond of Rs. 25,000 with one solvent surety in the like amount. He shall attend the Police Station on 19th, 20th, and 21st April 2026 between 12:00 p.m. and 2:00 p.m., cooperate with the investigation, not tamper with evidence or influence witnesses, not leave India without court permission, and produce his mobile phone before the Investigating Officer on or before 21/04/2026. The application stands disposed of.
What This Means For Similar Cases
Refusal to Marry Alone Is Not Abetment
- Practitioners must distinguish between emotional betrayal and criminal abetment: refusal to marry, even after a relationship with a minor, does not automatically attract Section 3(5) BNS.
- Absence of threats, coercion, or direct encouragement negates the essential ingredient of abetment.
Third-Party Conduct Cannot Be Automatically Imputed
- Abuse by family members of the accused cannot be attributed to the accused unless there is evidence of joint conspiracy or active participation.
- Prosecution must establish a direct nexus between the accused’s conduct and the suicide - not merely a temporal sequence.
Mobile Phone Surrender as a Reasonable Condition
- Courts may impose production of digital evidence as a condition of anticipatory bail without requiring custody.
- Non-cooperation with evidence preservation may be addressed through bail conditions, not pre-arrest detention.
Burden of Proof Remains on Prosecution at Preliminary Stage
- At the anticipatory bail stage, courts need not accept all allegations as true, but must assess whether they prima facie disclose an offence.
- Where the facts suggest emotional distress rather than criminal intent, bail should be granted.
