The Delhi High Court recently held that breakup of a romantic relationship does not constitute the offence of abetment of suicide [Noor Mohammad Vs State NCT of Delhi].
Justice Manoj Jain made the observation while dealing with the bail plea filed by a Muslim man accused of abetting the suicide of his former girlfriend by allegedly coercing her to convert her religion.
“Though, broken relationship and heartbreaks have become common these days, mere breaking-up of relationship may not per se constitute instigation so as to make it to be a case of abetment under Section 108 BNS (corresponding Section 306 IPC),” the Court stated.
The 27-year-old woman had died by suicide by hanging herself in October 2025.
Her father later lodged a complaint with the police accusing petitioner Noor Mohammad of abetting her suicide by allegedly making religious conversion a precondition for marrying her.
This led to the arrest of accused. Seeking bail in the case, the accused submitted that he had been in a relationship with the woman for eight years and that they had planned to marry.
However, he stated that her family opposed the relationship due to the difference in their religions, following which the couple separated. The woman died by suicide five days after he married another woman.
The Court noted that the woman had not left any suicide note blaming him or revealing any reasons for taking such a drastic step.
“Admittedly, there is no dying declaration which may come handy to assess and weigh up as to what was travelling through the mind of the deceased, when she took such a drastic step,” the Court observed.
In order to constitute abetment of suicide, the crucial ingredient of “instigation” should be of such a nature that leaves the deceased with no option but to commit suicide, the Court stated.
The Court found that in the eight years of their relationship, no complaint was made by the woman against the man. It added that in her personal diaries, she wrote about her desire to marry him.
It also noted that her friends’ statements revealed her anguish at seeing the man move on to marry another woman.
However, it also found that her friends did not mention any demand for religious conversion by the man.
“Apparently, it seems to be a case of broken relationship and quite possibly, the deceased, having come to know that the applicant has got married to someone else, has chosen to finish herself,” the Court observed.
The Court also found that there had been a considerable time gap between the date when the man and the victim stopped talking and the date of her suicide. Therefore, the Court granted bail to the man.
"Keeping in mind the overall facts and circumstances of the case, albeit, without expressing any opinion over merits of the case, applicant is directed to be released on bail on his furnishing personal bond and surety bond in a sum of Rs. 25,000/- each, subject to satisfaction of learned Trial Court/CJM/Duty Magistrate with the condition that the Applicant shall not try to contact and influence any witness or family member of deceased, directly or indirectly," it said.
Senior Advocate Amit Chadha with advocates Shivam Gupta, Harjas Singh, Dhruv Singh and Dhruv Tomar appeared for the petitioner.
Additional Public Prosecutor Sunil Kumar Gautam appeared for the State.
[Read Order]