Calling someone a 'murderer' in the heat of the moment over abortion does not constitute abetment to suicide: MP High Court

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Published 26 October 2026

Bottom Line Up Front (BLUF)

In Giribala Singh v. State of Madhya Pradesh, the Madhya Pradesh High Court heard arguments that calling someone a 'murderer' in the heat of the moment over an abortion did not amount to abetment of suicide under Section 306 of the Indian Penal Code. The petitioner contended that there was no direct instigation or active role in the deceased's decision.

Ratio Decidendi · Legal Principle Established

For an act to constitute abetment to suicide under Section 306 of the Indian Penal Code, there must be a direct instigation, active encouragement, or a positive act on the part of the accused to push the deceased to commit suicide. Mere utterances in the heat of the moment, without a clear intention to provoke suicide, do not suffice.

Practice & Procedural Impact for Advocates

Advocates defending abetment to suicide charges should focus on demonstrating the absence of direct instigation or active encouragement. Litigants should understand that casual or angry remarks, while potentially offensive, may not meet the high threshold for abetment unless a clear nexus to the suicide is established.

Key Legal Takeaways

1Abetment to suicide requires direct instigation or active encouragement.
2Words spoken in the heat of the moment may not constitute abetment.
3The prosecution must prove a positive act by the accused to push the deceased to suicide.

The Legal Issue Giribala Singh approached the Madhya Pradesh High Court seeking relief in a case where she was accused of abetting the suicide of Twisha Sharma. The core legal issue revolved around whether calling Twisha Sharma a 'murderer' in the heat of the moment, in the context of an abortion, constituted abetment to suicide under Section 306 of the Indian Penal Code, 1860 (now Section 106 of the Bharatiya Nyaya Sanhita, 2023).

Court's Reasoning The petitioner, Giribala Singh, argued before the Madhya Pradesh High Court that her words, though harsh, were uttered in the heat of the moment and did not amount to direct instigation or active encouragement for Twisha Sharma to commit suicide. The defence contended that for an act to fall under Section 306 IPC (or Section 106 BNS), there must be a clear and positive act on the part of the accused that directly pushes the deceased to take their own life. Mere verbal altercations or expressions of anger, without a specific intent to provoke suicide, do not fulfill the requirements of abetment. The court considered whether the alleged statement had a proximate and direct nexus to the deceased's decision to commit suicide.

What Follows The Madhya Pradesh High Court heard the arguments. The outcome of the petition, including any specific directions or orders, was not detailed in the provided summary. Counsel must confirm which code applies, the Indian Penal Code, 1860, or the Bharatiya Nyaya Sanhita, 2023, depending on the date of the offence.