Supreme Court Highlights Misuse of Abetment Law

Why in the news?

The Supreme Court discharged a bank manager accused of abetment to suicide, emphasizing the need for proper evidence and caution in framing charges under Section 306 IPC.

Supreme Court Highlights Misuse of Abetment Law

Key Supreme Court Observations

  • The Supreme Court emphasized sensitizing investigative agencies and courts on abetment of suicide cases under Section 306 IPC.
  • A Bench of Justices Abhay Oka and K. V. Viswanathan cautioned against misuse of the provision, stating charges should not be framed without sufficient evidence.
  • Highlighted the need to protect genuine victims but avoid prosecutions aimed solely at appeasing grieving families.

Legal Provisions and Standards

  • Abetment Definition: Section 107 IPC defines abetment as instigation, conspiracy, or intentional aid in committing an act.
  • Punishment: Under Section 306 IPC, abetment of suicide can lead to up to 10 years imprisonment and a fine.
  • To prove abetment, direct instigation or aiding the suicide must be established.
  • Previous Supreme Court judgments (e.g., Mohan v. State and Ude Singh v. State of Haryana) set a high bar for evidence, requiring direct or indirect incitement leading to the act.

Case Highlights and Context

  • In a recent case, a bank manager was accused of abetment after a borrower allegedly died by suicide due to loan recovery harassment.
  • Both the trial court and Madhya Pradesh High Court upheld charges based on a suicide note alleging mental torture.
  • The Supreme Court discharged the manager, criticizing “mechanical framing of charges” and stressing that informal exchanges should not be treated as instigation.
  • The apex court reiterated the importance of direct evidence in cases involving official relationships, such as employer-employee disputes.

Abetment of Suicide:

  • Definition: Refers to encouraging, instigating, or aiding another to commit suicide.
  • Legal Provisions: Defined under Section 107 IPC and Section 45 BNS (2023).
  • Punishment: Up to 10 years imprisonment and a fine (Section 306 IPC/108 BNS).
  • Offence Nature:
  • Cognizable: Arrest without warrant.
  • Non-bailable: Bail at court’s discretion.
  • Non-compoundable: Cannot be withdrawn by compromise.