The supreme court further directed trial courts to exercise caution and avoid mechanically framing charges under this section. It noted that the provision should not be applied in isolation from the practical realities of life.
NEW DELHI: Today(17th Jan): The Supreme Court emphasized that Section 306 of the Indian Penal Code (IPC), which pertains to abetment of suicide, must not be used indiscriminately to harass accused individuals or merely to pacify grieving families.
A Bench comprising Justices Abhay S. Oka and K.V. Viswanathan highlighted the need for sensitizing investigating agencies to ensure fair treatment in such cases.
In this case, the petitioner, a bank manager, was accused of instigating the suicide of the deceased by making demands for loan repayment. The Court ruled that the essential elements of the offence were not present in this case. Adopting a practical view of the circumstances, the Court determined that the actions of the accused were not intended to push the deceased to suicide.
The Court further directed trial courts to exercise caution and avoid mechanically framing charges under this section. It noted that the provision should not be applied in isolation from the practical realities of life.
“The provision cannot be invoked solely to address the sentiments of distressed families. Investigating agencies must be educated on judicial precedents related to Section 306/ Section 108 of the Bharatiya Nyaya Sanhita to prevent undue harassment, and trial courts should refrain from arbitrarily framing charges,” the Bench observed.
The Court also underlined that the evidentiary standard to establish guilt under Section 306 is significantly high.
Section 306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The bench emphasized that the actions and interactions of the proposed accused and the deceased, as well as their conversations leading up to the tragic death, should be considered from a practical perspective, reflecting the realities of everyday life. Casual remarks and informal exchanges should not be exaggerated as instigations for suicide, the court noted.
The court also highlighted the importance of educating investigative agencies and courts on this matter.
“Investigating agencies must be made aware of the law established by this Court under Section 306 IPC to prevent individuals from being subjected to baseless prosecutions. Trial courts must exercise great caution and not resort to the ‘play safe’ approach of automatically framing charges, especially when investigating agencies have shown a clear disregard for Section 306 IPC,”
the judgment stated.
Case Title: : Mahendra Awase v. State of Madhya Pradesh | Crl.A No.221/2025
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