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Vikas Chandra vs. State of Uttar Pradesh & Anr.

Not available · 2024 INSC 261Decided 22 Feb 2024
Not available
Justice C.T. Ravikumar · Justice Rajesh Bindal

Background

Following a death by suicide, a complaint led to an FIR under Section 306 IPC (abetment of suicide) against respondent no. 2. After investigation, the police initially filed what was effectively a closure report, but the Magistrate rejected it and, acting on a protest petition and further inquiry, summoned the respondent to face trial. The respondent challenged this summoning order before the Allahabad High Court, which quashed it, and the original complainant (the appellant) then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court examined whether the materials on record disclosed the essential ingredient of "abetment" under Section 107 IPC, meaning active instigation, conspiracy, or intentional aid towards the suicide. Relying on precedent, the Court reiterated that a mere allegation or passing reference to the accused, without evidence of a positive act or role that directly drove the deceased to take the extreme step, cannot sustain a charge under Section 306. Finding that the record did not show any such active abetment by the respondent, the Court held the High Court was right to quash the summoning order. The appeal was accordingly dismissed.

Lesson Learnt

A charge of abetment of suicide cannot be sustained merely because a person's name appears in connection with the deceased's distress. The law requires clear evidence of a deliberate act of instigation, conspiracy, or intentional assistance that directly contributed to the suicide.

Official source (sci.gov.in)View Judgment (PDF)

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