In a significant legal development, the Supreme Court of India has upheld the decision of the High Court of Judicature at Allahabad to quash a summons issued against a respondent accused of abetment of suicide.
The judgment, rendered by Justice C.T. Ravikumar and Justice Rajesh Bindal, emerged from the Criminal Appeal of 2024 (Arising out of SLP (Crl.) No.1196/2018), wherein Vikas Chandra appealed against the High Court’s decision to quash the summons against respondent No. 2 in a case involving Section 306 of the Indian Penal Code, 1860.
The case revolves around an incident where the appellant’s father, Shri Brijesh Chandra, tragically took his own life, purportedly due to alleged instigation by respondent No. 2. The appellant contended that his father’s suicide was a consequence of the respondent’s actions, specifically citing an incident where respondent No. 2 allegedly threatened the deceased and withheld his salary.
The High Court, in its decision to quash the summons, meticulously examined the evidence presented, particularly focusing on the contents of the suicide note left by the deceased. The court noted a glaring absence of any explicit or implicit mention of instigation by respondent No. 2 in the suicide note. Furthermore, the court highlighted the lack of evidence demonstrating a continued course of conduct by the respondent leading to the deceased’s suicide.
Justice C.T. Ravikumar, in his judgment, emphasized the importance of scrutinizing the contents of the suicide note, stating, “As per the impugned judgment, the High Court went on to consider and held thus: ‘As per the mandate of this Section, there must be explicit or implicit abetment or some overt act indicative or suggestive of the fact that some instigation was given for committing suicide and the applicant was having an interest in it.'” The court’s analysis underscored the necessity of establishing mens rea on the part of the accused to attract the provisions under Section 306 of the IPC.
Referring to M. Vijayakumar v. State of Tamil Nadu, the court stated “to bring out an offense under Section 306, IPC specific abetment as contemplated by Section 107, IPC on the part of the accused to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306, IPC,…” Thus, given the decision, it is clear that what matters in deciding the question 10 2024 SCC Online SC 238 11 (2011) 3 SCC 626 12 (2010) 8 SCC 628 13 (2009) 16 SCC 605 SLP (Crl.) No.1196 of 2018 Page 16 of 26 whether there is ground for proceeding against a particular person and to issue summons to him to face the trial for the offense under Section 306, IPC is whether the complaint and the materials collected during the inquiry/investigation prima facie disclose mens rea on the part of the accused to bring about suicide of the victim.
Drawing from legal precedents and established principles, the Supreme Court concurred with the High Court’s decision, asserting that the judgment did not suffer from any legal infirmity. It affirmed the High Court’s finding that there was insufficient ground to proceed against respondent No. 2 and thus dismissed the appellant’s appeal.
Case Name: Vikas Chandra Vs. State of Uttar Pradesh & Anr.
Case No.: Criminal Appeal No.of 2024 (Arising out of SLP (Crl.) No.1196/2018)
Bench: Justice C.T. Ravikumar and Justice Rajesh Bindal
Order Dated: 28.02.2024
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