SC clarifies use of section 306 in suicide cases

New Delhi

The Supreme Court on Friday emphasized that the offence of abetment of suicide under Section 306 of the Indian Penal Code (IPC) should not be used indiscriminately to comfort the grieving family of a deceased person. A bench of Justices Abhay S Oka and K V Viswanathan urged investigating agencies to be more sensitive and avoid subjecting individuals to wrongful prosecution based solely on emotional reactions.

The bench pointed out that Section 306 should not be invoked casually by the police, and while genuine cases should be pursued, it should not be used just to ease the immediate pain of the family. It advised a practical approach to the interactions and conversations between the accused and the deceased before the death, stating that exaggerated statements should not automatically be considered as instigation to suicide.

The court also advised trial courts to exercise caution, avoiding mechanical charges based on poor investigations. This ruling came after Mahendra Awase challenged a Madhya Pradesh High Court decision, which had denied his discharge from a case under Section 306 IPC. The court concluded that there were no grounds to charge Awase, stating his actions related to loan repayment did not instigate the suicide. The bench also questioned the unusual delay of over two months before the FIR was filed in this case.