The Delhi High Court has held that the mere existence of an extramarital affair by a husband is not sufficient to attract the offence of abetment of suicide under Section 306 of the Indian Penal Code (IPC). The Division Bench comprising Justice Vivek Chaudhary and Justice Manoj Jain dismissed an appeal filed by the State against the acquittal of an accused, observing that there was no material on record indicating any immediate or direct instigation compelling the deceased to commit suicide.

Case Background

The State had approached the High Court challenging the order dated April 21, 2016, passed by the Trial Court, whereby the respondent, Hamid, was acquitted of charges under Section 306 IPC.

The case dates back to October 30, 2010, when Smt. Baby @ Nazrin, the wife of the accused,

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