The abetment law involving suicide has been strengthened to protect women, reversing the burden of proof against the husband for the first seven years of marriage.
Editorial
Jan 20, 2025 09:33 IST First published on: Jan 20, 2025 at 09:33 IST
In just over three months, the Supreme Court has reiterated for the second time the need for investigative agencies to show restraint when invoking the charge of abetment of suicide. This week, a bench of Justices Abhay S Oka and KV Viswanathan said that Section 306 of the Indian Penal Code is invoked “casually.”
The SC set aside criminal proceedings against a bank manager accused of abetting the suicide of a man who allegedly took his own life after he was unable to repay his bank loans. In October 2024, another bench of the SC cleared the management of a company which was facing criminal charges after a 60-year old employee died by suicide allegedly after it was suggested that he voluntarily retire.
These cases highlight a familiar pattern — where the prosecution frames a case primarily to assuage the sentiments of the distraught family of the deceased, and does not follow the higher threshold mandated by law.
Section 306 of the IPC and now, 108 of the Bharatiya Nyaya Sanhita, carries either a jail term of up to 10 years or a fine or both. It is a non-bailable offence where the police can arrest without a warrant. The abetment law involving suicide has been strengthened to protect women, reversing the burden of proof against the husband for the first seven years of marriage. While this change was arguably needed for tackling a societal ill like dowry death, the law has all too often lent itself to misuse.
The SC has underlined that a charge of abetment has to be invoked only when the action is proximate and intended to cause self-harm resulting in death. Words said in anger, haste or casually cannot be termed abetment. It is not uncommon, however, for the police to invoke the provision when faced with public scrutiny in cases of homicide or suicide. The cautionary note struck by the court is a reminder that the offence of abetment of suicide cannot be used as a substitute in cases where the requirements and ingredients for murder are not met.
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According to the National Crime Records Bureau’s annual Crime in India Report, the conviction rate in abetment of suicide (Section 306 IPC) cases was 17.5 per cent in 2022, a much lower rate when compared to other cognisable offences where the conviction rate is 54.2 per cent.
A lower conviction rate implies that cases might be eventually dropped, but the shadow of criminality has several consequences, from confiscation of passports to legal costs. The SC’s strictures must also extend to judges who take cognisance of the offence — they must not do so in a rote or mechanical manner.
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