Supreme Court Cautions Against Routine Use of Abetment of Suicide Charges

In a significant pronouncement, the Supreme Court of India emphasized that the offence of abetment of suicide, as defined under Section 306 of the Indian Penal Code (IPC), should not be applied indiscriminately to charge individuals. This statement was made on Friday by a Bench comprising Justices Abhay S. Oka and KV Viswanathan, who pointed out the necessity for careful consideration in these sensitive cases to prevent misuse of the law.

The justices remarked that invoking Section 306 should not serve as a means to placate the bereaved families of suicide victims without proper grounding in evidence and legal scrutiny. They stressed the need for law enforcement agencies to approach such cases with a nuanced understanding, ensuring that the rights of the accused are not unduly compromised.

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The Court noted that the criteria for proving abetment of suicide are stringent, necessitating a high threshold of proof. “The Section cannot be invoked only to assuage the feelings of the distraught family and it cannot be divorced from the day-to-day realities of life,” the justices stated in their judgment.

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Further, the Supreme Court instructed trial courts to refrain from framing charges in abetment of suicide cases without a thorough examination of the facts and evidence. The Bench also highlighted the importance of sensitizing investigation agencies about the judgements related to Section 306, to prevent unwarranted harassment of the accused.

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