Mere Suggestion of Early Retirement by Employer is Not Abetment to Suicide: Supreme Court Disapproves Allahabad HC Order

The Supreme Court delivered a striking rebuke to the Allahabad High Court on Thursday over its handling of an abetment to suicide case involving officials from Hindustan Unilever. The case, captioned Nipun Aneja vs State of Uttar Pradesh, saw the apex court sharply questioning the lower court’s interpretation of the relevant legal provisions.

A Division Bench, comprising Justice JB Pardiwala and Justice Manoj Misra, expressed concerns during the proceedings, stating, “(Allahabad) High Court has no idea what constitutes an offence under Section 306 IPC!” This remark came as the Bench reviewed a High Court order that had upheld criminal proceedings under Section 306 of the Indian Penal Code (IPC), dealing with the abetment of suicide.

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The controversy stemmed from a tragic incident where a Hindustan Unilever employee allegedly took his own life following the company’s recommendation for early retirement. The Allahabad High Court had earlier concluded that the company’s recommendation constituted abetment of suicide, a decision that led to the criminal proceedings against the company officials.

Disagreeing with the High Court’s stance, the Supreme Court observed that the mere suggestion of early retirement could not be seen as instigating the employee to end his life. “Allowing criminal proceedings to continue under (Section) 306 will be a misuse and abuse of the process of law,” the Supreme Court declared, setting aside the impugned order and halting the ongoing proceedings.

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