In a significant ruling on the law of abetment to suicide, the Supreme Court set aside criminal proceedings against an accused, holding that mere allegations and suspicion cannot substitute clear evidence of instigation or intent. The Court emphasized that without a direct link between the accused’s actions and the suicide, prosecution cannot continue.
Background of the Case
The case arose from the death of Komal Sahu in Chhattisgarh, whose body was found hanging from a tree. The postmortem confirmed death due to asphyxia. Initially treated as a suicide, the investigation later alleged that the deceased was driven to take his life due to humiliation and an alleged illicit relationship between his wife and the appellant, Balaji Jaiswal.
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Based on witness statements, the appellant and the deceased’s wife were accused of abetting suicide under Section 306 of the Indian Penal Code. A trial court framed charges, which were upheld by the High Court, prompting the appellant to approach the Supreme Court.
Counsel for the appellant argued that even if all prosecution materials were accepted, there was no evidence of any act that could be considered instigation or encouragement to commit suicide. It was pointed out that there was no suicide note, no direct allegation of provocation, and no immediate act linking the accused to the incident.
On the other hand, the State contended that the alleged relationship and repeated humiliation of the deceased created circumstances that left him with no option but to take his own life. It was argued that these factors were sufficient to proceed to trial.
The bench closely examined the legal requirement for abetment to suicide. It reiterated that two elements are essential: the act of suicide and a clear act of abetment by the accused.
“The prosecution must show a direct or indirect act of instigation or incitement, coupled with clear intent,” the Court observed.
The judges stressed that mere harassment or suspicion is not enough. There must be a “positive act” that pushes the victim into a situation where suicide appears to be the only option.
On facts, the Court found that the material on record only indicated general allegations, including claims of an illicit relationship and the deceased’s alcohol addiction. There was no evidence of any immediate or proximate act by the appellant that could have triggered the suicide.
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Importantly, the Court noted the absence of any instigation, threat, or encouragement by the accused. Even assuming the alleged relationship existed, it did not establish the required intent to abet suicide.
Concluding that the essential ingredients of abetment were not satisfied, the Supreme Court held that continuing the criminal proceedings would amount to an abuse of the legal process.
“The material on record does not disclose any act of instigation or mens rea to sustain a charge under Section 306 IPC,” the bench held.
The Court set aside the High Court’s order dated April 8, 2025, quashed the charges framed against the appellant, and discharged him from the case. However, it clarified that the trial against the co-accused would continue independently.
Case Details
Case Title: Balaji Jaiswal vs State of Chhattisgarh
Case Number: Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025
Judges: Justice K.V. Viswanathan and Justice Atul S. Chandurkar
Decision Date: April 16, 2026
