Avoidance of Abetment Of Suicide:
The Supreme Court of India has ruled that individuals should not casually apply abetment of suicide charges under Section 306 of the Indian Penal Code (IPC) to comfort grieving families. The top court emphasized that investigating agencies must avoid misuse of this provision.
Key Ruling by Supreme Court
A bench of Justices Abhay S Oka and K V Viswanathan highlighted the rampant misuse of Section 306 IPC. They stated that police should not invoke the charge mechanically without proper grounds. Courts must also act with caution, avoiding a “play-it-safe” approach while framing charges.
The bench clarified that to invoke Section 306 IPC, there must be clear evidence of instigation or facilitation of the suicide by the accused. One should not mistake hyperbolic exchanges or ordinary disagreements for provocation.
Case Overview
The judgment came in response to a plea by Mahendra Awase, accused of harassing a person who died by suicide. A suicide note mentioned Awase, alleging harassment over loan repayment. However, the Supreme Court found no evidence that Awase actively instigated the suicide or created circumstances leaving no other option for the deceased.
The court noted a two-month delay in filing the FIR. It is ruled that the case did not meet the threshold for charges under Section 306 IPC.
