LexMAHENDRA AWASE versus THE STATE OF MADHYA PRADESH
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[2025] 2 S.C.R. 80 : 2025 INSC 76 Mahendra Awase v. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) 17 January 2025 [Abhay S. Oka and K.V. Viswanathan,* JJ.] Issue for Consideration Whether the High Court was justified in declining the prayer of the appellant to discharge him from the offences under Section 306, Penal Code, 1860. Headnotes† Penal Code, 1860 – s.306 – Abetment of suicide – Charges framed against the appellant u/s.306 – Appellant, if instigated the deceased to commit suicide: Held: No – For conviction u/s.306, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide – Such act of abetment must be proved and established by the prosecution – Further, to satisfy the requirement of instigation, the accused by his act or omission or by a continued course of conduct should have created such circumstances that the deceased was left with no other option except to commit suicide – Suicide note revealed that the appellant was asking the deceased to repay the loan guaranteed by the deceased and advanced to one ‘RM’ – Thus, the appellant by performing his duty of realising outstanding loans at the behest of his employer cannot be said to have instigated the deceased to commit suicide – Appellant did not intend to instigate the commission of suicide – It could certainly not be said that the appellant by his acts created circumstances which left the deceased with no other option except to commit suicide – The exchanges with the deceased, though heated, were not with the intent to leave him with no other option but to commit suicide – Also, the FIR was also lodged after a delay of two months and twenty days – There were no grounds to frame charges u/s.306 against the appellant – Discharged – Proceedings quashed, set aside – Impugned order also set aside. [Paras 16, 19, 21] * Author [2025] 2 S.C.R. 81 Mahendra Awase v. The State of Madhya Pradesh Penal Code, 1860 – s.306 – Abetment of suicide – Threshold to attract s.306 is higher – Charges not to be framed mechanically, Courts to be cautious – Police to be sensitised: Held: s.306 is casually and too readily resorted to by the police – While the persons involved in genuine cases where the threshold is met should not be spared, the provision should not be deployed against individuals, only to assuage the immediate feelings of the distraught family of the deceased – The conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life – Hyperboles employed in exchanges should not, without anything more, be glorified as an instigation to commit suicide – Investigating agencies to be sensitised so that persons are not subjected to the abuse of process of a totally untenable prosecution – Trial courts must also exercise great caution and circumspection and should not adopt a play it safe syndrome by mechanically framing charges, even when the investigating agencies have shown utter disregard for the ingredients of s.306 – Bharatiya Nyaya Sanhita, 2023 – ss.108, 45. [Para 20] Penal Code, 1860 – ss.306, 107 – Ingredient of s.306 – When attracted – Discussed. Case Law Cited Swamy Prahaladdas v. State of M.P. and Another (1995) Supp. 3 SCC 438; Madan Mohan Singh v. State of Gujarat and Another [2010] 10 SCR 351 : (2010) 8 SCC 628; Amalendu Pal alias Jhantu v. State of West Bengal [2009] 15 SCR 836 : (2010) 1 SCC 707; M. Mohan v. State [2011] 3 SCR 437 : (2011) 3 SCC 626; Ramesh Kumar v. State of Chhattisgarh [2001] Supp. 4 SCR 247 : (2001) 9 SCC 618 – referred to. List of Acts Penal Code, 1860; Bharatiya Nyaya Sanhita, 2023. List of Keywords Section 306, Penal Code, 1860; Abetment of suicide; Instigation; Active role; Intention; Aid; Instigate; Abet; No other option except 82 [2025] 2 S.C.R. Digital Supreme Court Reports to commit suicide; Loan; Realising outstanding loans; Ingredient of Section 306; Charge under Section 306, Penal Code, 1860; Discharged. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 221 of 2025 From the Judgment and Order dated 25.07.2023 of the High Court of Madhya Pradesh at Indore in CRR No. 1142 of 2023 Appearances for Parties Pradeep Kumar Yadav, Ms. Anjale
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