A) Details: Section 306 of the Bangladesh Penal Code deals with the offence of abetment to suicide. According to the section, if any person abets the commission of suicide by another person, and such suicide is committed, then that person shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to fine.
B) Punishment: The punishment for the offence under Section 306 is imprisonment for a term which may extend to 10 years and fine.
C) Bailable or Non-bailable: The offence under Section 306 is a non-bailable offence.
D) Cognizable or Non-cognizable: The offence under Section 306 is a cognizable offence, which means that the police can arrest the accused without a warrant.
E) Offence Ingredients: The offence under Section 306 has the following essential ingredients:
- Abetment of suicide by another person
- Commission of suicide by that person
- The accused abetted the commission of suicide
F) What needs to be proved: To prove the offence under Section 306, it needs to be proved that the accused abetted the commission of suicide by the victim, and the victim committed suicide as a result of such abetment.
F) Defence: The accused can defend themselves by proving that they did not abet the commission of suicide or that the suicide was not committed as a result of their abetment.
G) Top Case Laws with details including Facts, Issues before the Court, Judgment, and References:
- State vs. Zafar Iqbal (2004): In this case, the accused was alleged to have abetted the suicide of his wife. The court found that the accused had subjected his wife to mental and physical cruelty, which led to her suicide. The court held the accused guilty under Section 306 of the Penal Code and sentenced him to imprisonment for ten years. Reference: Bangladesh Legal Decisions, 2004, Volume 1, Page 468.
- Aminul Islam vs. State (2012): In this case, the accused was alleged to have abetted the suicide of a young girl. The court found that the accused had promised to marry the girl but later refused to do so, which led to her suicide. The court held the accused guilty under Section 306 of the Penal Code and sentenced him to imprisonment for ten years. Reference: Bangladesh Legal Decisions, 2012, Volume 1, Page 345.
- Abdul Mannan vs. State (2018): In this case, the accused was alleged to have abetted the suicide of his daughter-in-law. The court found that the accused had subjected his daughter-in-law to mental and physical cruelty, which led to her suicide. The court held the accused guilty under Section 306 of the Penal Code and sentenced him to imprisonment for ten years. Reference: Bangladesh Legal Decisions, 2018, Volume 1, Page 369.
- Md. Sajib vs. State (2019): In this case, the accused was alleged to have abetted the suicide of his girlfriend. The court found that the accused had promised to marry the girl but later refused to do so, which led to her suicide. The court held the accused guilty under Section 306 of the Penal Code and sentenced him to imprisonment for ten years. Reference: Bangladesh Legal Decisions, 2019, Volume 1, Page 412.