Supreme Court Cautions Against Unnecessary Workplace Suicide Prosecutions

Why in the news?

The Supreme Court urged police and courts to avoid unnecessary prosecutions in workplace-related abetment of suicide cases, highlighting the need for clear evidence of direct incitement.

Supreme Court Cautions Against Unnecessary Workplace Suicide Prosecutions

About the Supreme Court’s Observation:

  • The Supreme Court (SC) urged caution in cases of abetment of suicide, especially those arising from workplace harassment.
  • The court was hearing a case where a salesman died by suicide after alleged harassment by senior officers.
  • SC quashed the case, overruling the Allahabad High Court judgement, stating that “direct and alarming encouragement or incitement” must be proven.

Understanding Abetment of Suicide:

  • Abetment is defined under Section 107 of the Indian Penal Code (IPC) and involves instigating, conspiring, or intentionally aiding the act.
  • Punishment for abetment of suicide under Section 306 IPC can be up to 10 years imprisonment and a fine.
  • The SC emphasised that intent must be clear and trials should be avoided if the facts are apparent.

Section 108 of BNS, 2023: Punishment for Abetment of Suicide:

  • Punishment: Up to 10 years imprisonment and a fine. Previously covered under Section 306 IPC.
  • Essential Ingredients:
    • Suicide: The fact that the deceased committed suicide.
    • Abetment: The accused abetted the suicide.
  • Requirements for Conviction:
    • Direct or indirect incitement to suicide.
    • Accused’s intention to instigate or aid suicide.
    • Mere harassment or insults do not constitute abetment unless proven to incite suicide.
  • Proof Needed:
    • Intent: Accused’s intent to push the deceased into a position where suicide seemed the only option.
    • Act: A direct act leading to suicide.
    • Mens Rea: Guilty mind and actions of the accused must be evident.
  • Burden of Proof: Lies on the prosecution to prove all elements beyond reasonable doubt.

Definition of Abetment (Section 45 BNS):

  • Instigating a person.
  • Engaging in a conspiracy.
  • Intentionally aiding the commission of suicide.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times