Ingredients of abetment of suicide
Abetment of suicide can be charged against a person only when the alleged harassment should be of such nature that it leaves the victim with no other alternative but to end their life, says the Supreme Court (SC) in Mahendra Awase v The State of Madhya Pradesh [2025 INSC 76], and Ayyub & Others v State of Uttar Pradesh & Another [2025 INSC 168].
Hyperbolic exchanges not to be termed as incitement
The SC adds that the accused’s intention to aid or abet the deceased to commit suicide must be established.
The interactions between the accused and the deceased must be seen from a practical point of view and hyperbolic exchanges should not be exaggerated as incitement to suicide.
Abetment should not be used to assuage the victim’s family
The Section 306 IPC & Section 108 BNS relating to abetment of suicide should not be deployed against individuals so as to assuage the immediate feelings of the distraught family of the deceased.
Police Officers to be sensitised about this
The SC says the time has come to sensitise the investigating agencies about the law laid down by the SC regarding the ingredients of the offence of abetment of suicide.
Trial court should not adopt play safe approach
The trial courts should not mechanically frame charges, adopting a “play safe” approach, when the investigation has not disclosed the necessary ingredients of the offence of abetment of suicide.
References
- Mahendra Awase v The State of Madhya Pradesh [2025 INSC 76]
- Ayyub & Others v State of Uttar Pradesh & Another [2025 INSC 168]
