In Abhinav Mohan Delkar v. The State of Maharashtra & Ors. [2025 INSC 990], the Supreme Court held that to sustain a charge under Section 306 of the Indian Penal Code, 1860, there must be a direct and proximate link between the alleged harassment and the act of suicide.
While affirming the Bombay High Court’s decision to quash the criminal proceedings, the Court clarified that even persistent harassment over a prolonged period is insufficient to constitute abetment of suicide without such a direct nexus.
To establish the essential elements of abetment under Section 306, read with Section 107 of the Code, the prosecution must demonstrate a final, proximate act that drove the deceased to suicide.
The crucial test is whether the accused possessed the requisite intent (mens rea) to instigate or aid the commission of suicide, thereby making the death a direct consequence of their actions.
In its reasoning, the Supreme Court relied on precedents such as Madan Mohan Singh v. State of Gujarat [2010 (8) SCC 628], Amalendu Pal v. State of West Bengal [AIR 2010 SC 512], and Prakash and Ors. v. State of Maharashtra and Anr. [2024 INSC 1020]. These cases collectively reiterate the principle that mere harassment, absent a clear and proximate act of instigation, does not meet the legal threshold for the offence of abetment.
