Supreme Court's Guidance on Abetment to Suicide

The Supreme Court of India has advised investigating agencies and trial courts to avoid applying the charge of abetment to suicide under Section 306 of the Indian Penal Code or Section 108 of the Bharatiya Nyaya Sanhita without careful consideration.

Key Observations

• The provision should not be used merely to comfort the grieving family of the deceased.
• Interactions between the accused and the deceased should be evaluated pragmatically.
• Exaggerated interpretations of hyperbolic exchanges as incitement should be avoided.

Advice to Investigating Agencies and Courts

• Agencies should be aware of the legal standards set by the Supreme Court regarding abetment to suicide.
• Trial courts are advised not to frame charges thoughtlessly, especially when the investigation does not uncover the necessary elements of the offense.

Implementation Guidelines

• Individuals genuinely involved where the legal threshold is met should not escape legal consequences.
• The behavior and interactions of the accused and the deceased should be understood in the context of everyday life.
• Casual and hyperbolic language should not be inflated to imply an instigation to suicide.