New Delhi: The Supreme Court on Friday (January 17) said that the offence of abetment of suicide under section 306 of Indian Penal Code (IPC) should not be invoked mechanically against individuals, only to assuage the immediate feelings of the distraught family of the deceased.
A bench comprising Justice Abhay S Oka and Justice KV Viswanathan said this while hearing an appeal filed by one Mahendra Awase challenging an order of the Madhya Pradesh High Court declining his prayer to discharge him from the offences punishable under section 306 of the IPC.
Apex court quashed and set aside proceedings against Awase under section 306 0f IPC
The bench, while quashing and setting aside proceedings pending in a sessions case against Awase under section 306 of IPC, observed that section 306 of IPC appears to be casually and too readily resorted to by the police and said that it is time the investigating agencies are sensitised to the law laid down by the apex court under section 306 of IPC so that persons are not subjected to the abuse of process of a totally untenable prosecution.
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Section 306 of IPC appears to be casually and too readily resorted to by police: Apex Court
“Section 306 IPC appears to be casually and too readily resorted to by the police. While the persons involved in genuine cases where the threshold is met should not be spared, the provision should not be deployed against individuals, only to assuage the immediate feelings of the distraught family of the deceased,” the bench said.
“It is time the investigating agencies are sensitised to the law laid down by this court under Section 306 so that persons are not subjected to the abuse of process of a totally untenable prosecution. The trial courts also should exercise great caution and circumspection and should not adopt a play it safe syndrome by mechanically framing charges, even if the investigating agencies in a given case have shown utter disregard for the ingredients of Section 306,” the bench added.
What was the case?
A person died by suicide leaving a note in which he mentioned that he was being harassed by Awase over repayment of a loan. Statements of witnesses were recorded and a chargesheet was filed against Awase in January 2023, which mentioned that Awase had committed offences punishable under section 306 of the IPC.
What makes offence of abetment of suicide?
The bench further said that in order to bring a case within the purview of section 306 of the IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide.
No grounds to frame charges under section 306 of IPC against Awase: Apex Court
The bench said that it is convinced that there are no grounds to frame charges under section 306 of IPC against Awase and it could not be said that Awase intended to instigate the commission of suicide and it could certainly not be said that Awase by his acts created circumstances which left the deceased with no other option except to commit suicide.
“A reading of the suicide note reveals that the appellant (Awase) was asking the deceased to repay the loan guaranteed by the deceased and advanced to Ritesh Malakar. It could not be said that the appellant by performing his duty of realising outstanding loans at the behest of his employer can be said to have instigated the deceased to commit suicide,” the bench said while quashing and setting aside proceedings against Awase under section 306 of IPC.
