Full Judgment Text
REPORTABLE
2026 INSC 375
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(@ SLP (CRL.) NO.14640 OF 2025)
BALAJI JAISWAL APPELLANT
VERSUS
STATE OF CHATTISGARH RESPONDENTS
AND ANOTHER
J U D G M E N T
ATUL S. CHANDURKAR, J.
1. Leave granted.
2. The appellant is aggrieved by the order dated
08.04.2025 passed by the learned Single Judge of the
1
Chhattisgarh High Court in CRR No.450 of 2025. By the
said order, the challenge made by the appellant to the
order framing charge against him under Section 306 read
2
with Section 34 of the Indian Penal Code, 1860 on
16.12.2024 has been turned down.
Signature Not Verified
Digitally signed by
NIDHI AHUJA
Date: 2026.04.16
17:35:20 IST
Reason:
1
For short, “the High Court”
2
For short, “the Penal Code”
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 1 of 17
3. As per the First Information Report dated
07.10.2024, information was received of the death of one
Komal Sahu by the Police Station In-charge at Pipariya
Police Station. The death had occurred on account of
hanging from a Babool tree in the village. As per the
postmortem report, the cause of death was on account of
‘Asphyxia’. Investigation was thereafter undertaken and a
Special Investigation Team was formed for that purpose.
After receiving a report from the Investigating Team, final
report came to be filed on 05.12.2024. As per the final
report, there was no factual evidence noted of the deceased
being murdered. However, evidence was found that the
death had occurred on account of suicide by hanging. As
per the statements of various witnesses, the wife of the
deceased Revati Bai had insulted Komal several times in
front of the appellant. The appellant and Revati Bai had
illicit relations and, hence, it was stated that the deceased
had no option but to commit suicide. Accordingly, the final
report named the appellant as the first accused while
Revati Bai was named as the second accused.
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 2 of 17
4. On 16.12.2024, the following charge came to be
framed:
“You on 06.05.2024 and 07.05.2024 between 06.00 to 11.30 PM
at central gram: Dharampura, Station: Piapriya, District-
Kabirdham, Chattisgarh, tortured and abetted deceased Komal
Sahu to commit suicide resulting which Komal Sahu committed
suicide by hanging and through this you have such an act which
is punishable under section 306 of Indian Penal Code and
this court has taken cognizance of this act”
Alternative to this
“You on 06.05.2024 and 07.05.2024 between 06.00 to 11.30 PM
at central gram: Dharampura, Station: Piapriya, District-
Kabirdham, Chattisgarh, along with co-accused Revati Bai
together with common intention tortured and abetted deceased
Komal Sahu to commit suicide resulting which Komal Sahu
committed suicide by hanging and through this you have such
an act which is punishable under section 306/34 of Indian
Penal Code and this court has taken cognizance of this act”
5. The appellant being aggrieved by the framing of the
said charge filed a revision application under Section 438
read with Section 442 of the Bhartiya Nyaya Suraksha
3
Sanhita, 2023 for challenging the said order. It was urged
that from the material collected by the prosecution it could
not be said that the appellant had abetted the commission
of suicide by the deceased. Thus, no offence under Section
306 of the Penal Code had been made out. The prosecution
3
For short, “the BNSS”
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 3 of 17
opposed the aforesaid application. The High Court after
hearing all the parties held that on the basis of statements
of various family members of the deceased, it was clear
that on account of the behaviour of the accused persons,
the deceased was annoyed and, hence, committed suicide.
It accordingly dismissed the revision application by
holding that, prima facie, the ingredients of Section 306 in
the alternative Section 306/34 of the Penal Code had been
satisfied and there was sufficient material to proceed with
the charge. Thus, by the order dated 08.04.2025 the
revision application came to be dismissed. Being
aggrieved, the appellant has raised a challenge to the said
order in this appeal.
6. Mr. Anand P. Pande, learned counsel appearing for
the appellant submitted that even after taking all the
material that forms part of the charge sheet cumulatively,
the same was insufficient to charge the appellant under
Section 306 of the Penal Code. There was no allegation
against the appellant that on account of some proximate
act committed by him, Komal was led to commit suicide
on 07.05.2024. In fact, the material collected by the
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 4 of 17
prosecution in the form of statements of family members
and neighbours indicated that on the night of 05.05.2024,
the appellant and Komal had consumed liquor together.
Thereafter, both were seen talking amongst themselves.
Suicide by Komal was noticed on 07.05.2024 when his
body was found hanging. Even assuming all the
statements recorded to be correct, the said material was
insufficient to charge the appellant of having abetted the
suicide of Komal. In fact, some statements indicated that
Komal used to fight with his wife while asking for money
to drink liquor. In absence of any suicide note left by the
deceased and there being no alleged act being committed
by the appellant so as to instigate Komal to commit
suicide, no purpose would be served by requiring the
appellant to face trial for the charge under Section 306 of
the Penal Code. The allegations of an affair between the
appellant and the wife of the deceased were hearsay in
nature. That aspect was also not material in the present
context. The learned counsel for the appellant placed
reliance upon the decisions in Sanju @ Sanjay Singh
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 5 of 17
4
Sengar Vs. State of M.P. and Prakash and others Vs.
5
The State of Maharashtra and another to substantiate
his contentions. He, thus, submitted that the High Court
ought to have quashed the criminal proceedings in the
absence of any material, whatsoever, for proceeding
against the appellant.
7. Per contra, Ms. Ankita Sharma, learned counsel
appearing for the first respondent opposed the aforesaid
submissions. According to her, the conduct of the
appellant indicating an illicit relationship with the wife of
Komal was conduct that amounted to abetment of suicide
by Komal. The statements recorded indicated that Revati
Bai used to humiliate Komal in the presence of the
appellant and that led to Komal committing suicide. The
absence of any suicide note was not very material at this
stage and was a matter of trial. The consistent statements
by members of the family of the deceased as well as
neighbours indicated that in view of the illicit relationship
between the appellant and Revati Bai, Komal had no
4
2002 INSC 250
5
2024 INSC 1020
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 6 of 17
option but to commit suicide. The charge as framed by the
Trial Court was, thus, justified and the appellant ought to
meet the said charge during trial. The learned counsel
Ramesh Kumar Vs.
placed reliance on the decisions in
6
State of Chattisgarh and Dammu Sreenu Vs. State of
7
A.P. in that regard. It was, thus, submitted that the High
Court having refused to quash the proceedings, the
impugned order did not call for any interference. The
appeal was, thus, liable to be dismissed.
8. We have heard the learned counsel for the parties at
length and with their assistance, we have perused the
entire documentary material on record that forms part of
the charge sheet. Having given due consideration to the
relevant factual aspects and bearing in mind the legal
position as settled, we are of the view that the prayer made
by the appellant deserves to be granted and the criminal
proceedings qua the appellant deserve to be quashed. We
would indicate our reasons hereinafter.
6
2001 INSC 515
7
2009 INSC 846
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 7 of 17
9. For the purposes of examining the challenge as
raised by the appellant to the framing of charge under
Section 306 of the Penal Code and in the alternative under
Section 306 read with Section 34 of the Penal Code, it
would be necessary to bear in mind the law as laid down
by this Court in its earlier decisions. This Court in R.P.
8
Kapur Vs. State of Punjab has held that there are three
categories of cases where the High Court in exercise of its
inherent jurisdiction can quash criminal proceedings. One
such category stipulated is that where the allegations in
the First Information Report or the complaint, even if taken
at their face value and accepted in their entirety, do not
constitute the offence as alleged, the institution or
continuation of criminal proceedings against an accused
may amount to abuse of the process of the Court or that
the quashing of such proceedings would secure the ends
of justice.
Similarly, in State of Haryana and others Vs. Ch.
9
Bhajan Lal and others , this position was reiterated that
8
(1960) 3 SCR 388
9
1990 INSC 363
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 8 of 17
if even after taking all allegations made in the First
Information Report or complaint at their face value and
accepting them in their entirety do not prima facie
constitute any offence, the proceedings can be quashed.
10. The charge as framed against the appellant is under
Section 306 and in alternate under Section 306 read with
Section 34 of the Penal Code. In this regard, we may refer
to a recent decision in Prakash and others (supra) to which
one of us (K.V. Viswanathan, J.) was a party. Therein, the
appellants had sought discharge from the criminal
proceedings filed under Section 306 of the Penal Code.
Dealing with the ingredients of Section 306 read with
Section 107 of the Penal Code, it was held as under:
“ 13. Section 306 of the IPC has two basic ingredients-first, an
act of suicide by one person and second, the abetment to the
said act by another person(s). In order to sustain a charge under
Section 306 of the IPC, it must necessarily be proved that the
accused person has contributed to the suicide by the deceased
by some direct or indirect act. To prove such contribution or
involvement, one of the three conditions outlined in Section 107
of the IPC has to be satisfied.
14. Section 306 read with Section 107 of IPC, has been
interpreted, time and again, and its principles are well
established. To attract the offence of abetment to suicide, it is
important to establish proof of direct or indirect acts of
instigation or incitement of suicide by the accused, which must
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 9 of 17
be in close proximity to the commission of suicide by the
deceased. Such instigation or incitement should reveal a clear
mens rea to abet the commission of suicide and should put the
victim in such a position that he/she would have no other
option but to commit suicide.
15. The law on abetment has been crystallised by a plethora of
decisions of this Court. Abetment involves a mental process of
instigating or intentionally aiding another person to do a
particular thing. To bring a charge under Section 306 of the IPC,
the act of abetment would require the positive act of instigating
or intentionally aiding another person to commit suicide.
Without such mens rea on the part of the accused person being
apparent from the face of the record, a charge under the
aforesaid Section cannot be sustained. Abetment also requires
an active act, direct or indirect, on the part of the accused
person which left the deceased with no other option but to
commit suicide.
xxxxxxxxxxxx
18. More recently, in the case of Jayedeepsinh Pravinsinh
10
Chavda and Others v. State of Gujarat , this Court has
relied on S.S.Chheena (supra) to hold that the element of mens
rea cannot simply be presumed or inferred, instead it must be
evident and explicitly discernible. Without this, the foundational
requirement for establishing abetment under the law, that is
deliberate and conspicuous intention to provoke or contribute
to the act of suicide, would remain unfulfilled. This Court
observed as follows:
“18. For a conviction under Section 306 of the IPC, it
is a well-established legal principle that the presence
of clear mens rea —the intention to abet the act—is
essential. Mere harassment, by itself, is not sufficient
to find an accused guilty of abetting suicide. The
prosecution must demonstrate an active or direct
10
2024 INSC 960 : [2024] 12 SCR 439: 2024 SCC OnLine 3679
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 10 of 17
action by the accused that led the deceased to take
his/her own life. The element of mens rea cannot
simply be presumed or inferred; it must be evident
and explicitly discernible. Without this, the
foundational requirement for establishing abetment
under the law is not satisfied, underscoring the
necessity of a deliberate and conspicuous intent to
provoke or contribute to the act of suicide.”
19. It is, therefore, evident that the positive act of instigation is
a crucial element of abetment. While dealing with an issue of a
similar nature, this Court in the case of Ramesh Kumar v.
11
State of Chhattisgarh , laid down the parameters of what
would be constituted to be an act of instigation. This Court
observed as follows:-
“20. Instigation is to goad, urge forward, provoke, incite or
encourage to do “an act”. To satisfy the requirement of
instigation though it is not necessary that actual words must
be used to that effect or what constitutes instigation must
necessarily and specifically be suggestive of the consequence.
Yet a reasonable certainty to incite the consequence must be
capable of being spelt out. The present one is not a case where
the accused had by his acts or omission or by a continued
course of conduct created such circumstances that the
deceased was left with no other option except to commit
suicide in which case an instigation may have been inferred.
A word uttered in the fit of anger or emotion without intending
the consequences to actually follow cannot be said to be
instigation.”
20. It could thus be seen that this Court observed that
instigation is to goad, urge forward, provoke, incite or encourage
to do “an act”. It has been held that in order to satisfy the
requirement of instigation though it is not necessary that actual
words must be used to that effect or what constitutes instigation
must necessarily and specifically be suggestive of the
11
2001 INSC 515 : [2001] Supp. 4 SCR 247: (2001) 9 SCC 618
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 11 of 17
consequence, however, a reasonable certainty to incite the
consequence must be capable of being spelt out. Applying the
law to the facts of the case, this Court went on to hold that a
word uttered in the fit of anger or emotion without intending the
consequences to actually follow cannot be said to be instigation.
xxxxxxxxxxx
26. Thus, this Court has consistently taken the view that
instigation or incitement on the part of the accused person is
the gravamen of the offence of abetment to suicide. However, it
has been clarified on many occasions that in order to link the
act of instigation to the act of suicide, the two occurrences must
be in close proximity to each other so as to form a nexus or a
chain, with the act of suicide by the deceased being a direct
result of the act of instigation by the accused person.”
11. From the aforesaid decision, it becomes clear that
for sustaining a charge under Section 306 of the Penal
Code, it has to be shown that the accused persons had
contributed to the suicide by the deceased through some
direct or indirect act. Section 107 of the Penal Code has
thereafter been referred to hold that there ought to be some
instigation or incitement that would reveal a clear mens
rea to abet the commission of suicide, thus, leading the
victim to such a position that he/she would have no other
option but to commit suicide. There ought to be some
material to indicate a positive act of instigation, which is a
crucial component of abetment. Instigation or incitement
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 12 of 17
on the part of the accused person has been held to be the
gravamen of the offence of abetment to suicide. The act of
instigation also has to be in close proximity to the act of
suicide so as to form the nexus or a chain to indicate that
the act of suicide was the direct result of the act of
instigation by the accused person. Incidentally, the
decision in Ramesh Kumar (supra) cited by the learned
counsel for the first respondent has been considered and
relied upon in Prakash and others (supra) .
12. The material forming part of the charge sheet would,
therefore, have to be examined keeping in mind the above
perspective. Existence of all the ingredients constituting
the alleged offence would be necessary. On going through
the various statements recorded by the prosecution, the
same indicate that deceased Komal was addicted to liquor
and that the appellant and Komal used to have liquor
together. The son of the deceased, Aakash, had stated that
whenever his father used to drink from his money, Revati
Bai used to scold him. However, when the appellant used
to bring liquor for him, she did not object. In his
subsequent statement recorded after about five months
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 13 of 17
from the incident, he suspected that there were illicit
relations between his mother and the appellant.
Statements of other family members and neighbours
indicate the addiction of Komal to liquor. Except such
statements and general allegations of illicit relationship
between Revati Bai and the appellant, there is no material
whatsoever to indicate any instigation or incitement at the
instance of the appellant that could lead to Komal
committing suicide. On 05.05.2024, the appellant had
been to the house of Komal and they had liquor together
between 09:00 P.M. to 10:00 P.M. There is no material
whatsoever indicating any act of instigation or incitement
or abetment by the appellant. The suicide was stated to
have been committed in the morning of 07.05.2024. No
material whatsoever as regards the proximity between the
meeting of the appellant and the deceased, and his
committing suicide is available on record. It, thus, will
have to be held that the requirements of Section 107 of the
Penal Code are not satisfied in the present case.
13. Even if we proceed on the premise that there were
illicit relations between the appellant and the wife of the
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 14 of 17
deceased, the clear mens rea to abet the commission of
suicide by Komal is absent. As held, to bring home a
charge under Section 306 of the Penal Code, the act of
abetment would require some positive act of instigating or
intentionally aiding another person to commit suicide.
There is no allegation that the appellant had instigated
Komal to commit suicide or that he had in some way aided
any act or illegal omission to bring about the suicide.
Further, there is no material on record to infer that Komal
was left with no other option except to commit suicide. In
the absence of such mens rea on the part of the accused
being apparent from the face of record, the charge under
Section 306 of the Penal Code cannot be sustained.
14. We, therefore, find that even after accepting the
entire material on record at its face value, the ingredients
of Section 306 of the Penal Code are not satisfied.
Continuation of such criminal proceedings would,
therefore, be a futile exercise resulting in the absence of
process of law. We may reiterate what this Court said in
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 15 of 17
paragraph 9 in Madan Mohan Singh Vs. State of Gujarat
12
and another are as follows:-
“In the prosecution under Section 306, IPC, much more material
is required. The Courts have to be extremely careful as the main
person is not available for cross-examination by the
appellant/accused. Unless, therefore, there is specific allegation
and material of definite nature (not imaginary or inferential
one), it would be hazardous to ask the appellant/accused to face
the trial.”
The proceedings, therefore, deserve to be quashed.
The High Court failed to examine the material on record in
the light of the law laid down in this regard. It, therefore,
erred in not quashing the proceedings. The ratio of the
decision in Dammu Sreenu (supra) relied upon by the
learned counsel for the first respondent is clearly
distinguishable as it arises from a challenge to the
conviction of the appellant therein based on the evidence
on record.
15. For the aforesaid reasons, the order dated
08.04.2025 passed in CRR No. 450 of 2025 by the High
Court is set aside. The charge framed against the appellant
in Sessions Case No.80 of 2024 by the learned Sessions
12
2010 INSC 521
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 16 of 17
Judge, Kabirdham stands quashed. Consequently, the
appellant is discharged from the aforesaid criminal
proceedings. It is clarified that the present adjudication is
restricted to the case of the appellant-accused No.1. The
trial against accused No.2 shall proceed uninfluenced by
any observations made herein.
16. The criminal appeal is, accordingly, allowed.
17. Pending applications are also disposed of.
…..………………………..J.
[ K.V. VISWANATHAN ]
…..………………………..J.
[ATUL S. CHANDURKAR]
NEW DELHI,
APRIL 16, 2026.
Criminal Appeal arising out of SLP (Crl.) No.14640 of 2025 Page 17 of 17