'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court

The Supreme Court on Friday (January 17) reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide (Section 306 of the Indian Penal Code/Section 108 of the Bharatiya Nyaya Sanhita).

"Section 306 IPC appears to be casually and too readily resorted to by the police," the Court said.

The Court stated that the provision (S.306IPC/S.108 read with 45 BNS) cannot be invoked merely to pacify the sentiments of the family of the person who died by suicide. The interactions between the accused and the deceased must be seen from a practical point of view and hyperbolic exchanges should not be exaggerated as incitement to suicide.

The Court observed that the time has come to sensitise the investigating agencies about the law laid down by the Supreme Court regarding the ingredients of the offence of abetment of suicide. The Court also urged the trial courts to not mechanically frame charges, adopting a "play safe" approach, when the investigation has not disclosed the necessary ingredients of the offence.

A bench comprising Justice Abhay S Oka and Justice KV Viswanathan made these important observations while discharging a bank manager of the offence of Section 306 IPC.

In this case, the petitioner was a bank manager who was alleged to have instigated the suicide of the deceased through demands for loan repayment. The Court held that none of the ingredients of the offence was attracted in the instant case. Taking a realistic approach of the events, the Court concluded that the acts of the accused were not carried out with the intention to drive the deceased to suicide.

While pronouncing the judgment, Justice Viswanathan observed :

"While the persons involved in genuine cases where the threshold is met shoud not be spared, the provision (S.306 IPC/S.108 BNS) should not be deployed against individuals only to assuage the immediate feelings of the distraught family of the deceased. The conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life. Hyperboles employed in exchanges without anything more should not be glorified as an instigation to commit suicide. It is time that investigating agencies are sensitised to the law laid down by this Court under Section 306 IPC so that persons are not subjected to abuse of process of a totally untenable prosecution. The trial courts should also exercise great caution and circumspection and should not adopt a "play safe" syndrome to mechanically frame charges even when investigating agencies have shown utter disregard for Section 306 IPC."

Case : Mahendra Awase v. State of Madhya Pradesh | Crl.A No.221/2025 

Citation : 2025 LiveLaw (SC) 80

Click here to read the judgment