Nagpur: The Supreme Court (SC) has issued a stern warning to investigative agencies and trial courts against mechanically invoking abetment of suicide charges under Section 306 of the Indian Penal Code (IPC), or BNS 108, solely out of sympathy for grieving families. The court emphasized that such charges must strictly adhere to the legal framework and only be applied in genuine cases backed by substantial evidence.
Nagpur police officials have acknowledged the SC’s observations, agreeing on the need for a balanced approach in such cases. They, however, highlighted the complexities involved in addressing the emotions of victims’ families. Data reveals that 30 abetment of suicide cases were registered in Nagpur in 2024, a slight drop from 35 in the previous year.
A senior police officer, speaking anonymously, noted that the city recorded nearly 10,000 cases this year, including roughly one abetment of suicide case per police station. “Domestic disputes, relationship troubles, and financial stress are the primary triggers behind these incidents. While following the legal framework is critical, the emotions of the victims’ families cannot be ignored as they play a significant role in invoking Section 306 IPC,” the officer stated.
Abetment of suicide under Section 306 IPC carries a penalty of up to 10 years of imprisonment and a fine. Despite the severe consequences, the conviction rate remains strikingly low. According to the National Crime Records Bureau (NCRB), only 17.5% of abetment of suicide cases resulted in convictions in 2022, significantly lower than the 69.8% conviction rate for all IPC crimes.
“Family members, devastated by loss, often react emotionally without fully understanding the reasons behind the suicide. In most cases, allegations are based on speculation, and with the victim unavailable for testimony, proving intent becomes extremely difficult in court. This frequently results in bail for the accused,” the officer explained.
The SC recently discharged a bank manager accused of abetment of suicide, emphasizing that cases must be assessed with a practical approach rooted in the realities of life. The court ruled that informal exchanges or exaggerated claims, without concrete evidence, cannot be considered instigation to suicide. It also criticized trial courts for framing charges indiscriminately to avoid risks, calling such practices a violation of the essence of Section 306 IPC.
Nagpur police echoed these sentiments, with a senior official noting, “We understand the SC’s direction to adopt a balanced, evidence-based approach in such cases. However, it remains our duty to pursue justice while recognizing the emotional distress faced by victims’ families.”
