The Law on Suicide Abetment – It's all about intention.

Case Title: Abhinav Mohan Delkar v. The State of Maharashtra & Ors. (Neutral Citation: 2025 INSC 990).

Introduction:

On dismissing the appeal, the Supreme Court challenged the revoking of the FIR in relevance to the so-called instigation of suicide of Mohan Delkar, the former Lok Sabha member of the Parliament (MP).

While validating the High Court’s judgement, the Apex court explicated that harassment, however extreme, does not qualify as instigation (abetment) under Section 306 of the Indian Penal Code – now Section 108 of The Bharatiya Nyaya Sanhita (BNS), 2023.  

To claim abetment of suicide there must be a “premeditated intention” (mens rea), as explained by the bench consisting of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran.

Supreme Court clarifies the law on suicide abetment, emphasizing the need for intent (mens rea) in instigation cases.

Factual Background:

In 2021, Mohan Delkar, a seven-time MP from Dadra and Naar Haveli, passed away by attempting suicide. The suicide note comprised many individuals, including the members of the local administration and the police force, blaming them for scheming to slander his political career and esteem. He stated that the actions and behaviour of these individuals had caused humiliation and insult to him, which led him to take this step. 

After his death, an FIR was registered against the accused people mentioned in the suicide note under section 306 of IPC which is now Section 108 of The Bharatiya Nyaya Sanhita (BNS). However, for nullifying the FIR the respondents filed an application under section 482 of The Code of Criminal Procedure, 1973 – now Section 528 of The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 

Appeals were filed before the Apex court against the application allowed through a common order passed by the High Court. 

Debate before the court:

Meenakshi Arora, a senior Advocate appeared for the appellant, whereas Solicitor General Tushar Mehta appeared for the respondents. The core issue put forth before the Supreme Court was-

• Whether the so-called harassment mentioned in the suicide note could lead to “abetment of suicide” as per Section 306 of IPC  – now  Section 108 of The Bharatiya Nyaya Sanhita (BNS), 2023 and Section 107 of IPC – now Section 45 of The Bharatiya Nyaya Sanhita (BNS), 2023?

Court’s Reasoning on Instigation of Suicide:

The interpretation of Section 306 of the IPC and the important principles were clarified by the bench:

• Necessity of Mens Rea:

Proof of instigation, plot and intentional aid are the requirements for abetment, as repeated by the court. If a person faces continuous harassment and eventually decides to commit suicide, it does not automatically term suicide. There must be a specific, planned and intended act by the accused which may induce the victim to commit suicide. 

• Close and previous act:

The court noticed that for the instigation to be made, there must be an act which is closely linked to the incident of suicide, which clearly states that the suicide is the result of such harassment.

• Victims' occurrences:

When considering that Delkar came from an underrated community, the court marked that he was a veteran and a skilled politician with generations of experience. Delkar was not a common person, as he was elected seven times to the parliament; his political image stipulated fortitude and perseverance.

Analysis of the incident:

The incidents caused Delkar’s suicide were closely examined by the bench:-

2nd August 2020: On the Union Territories Liberation day, Delkar felt slightly disrespected, as he was not given the expected treatment, being the parliamentary member. However, the court clarified that it was the time of the Covid-19 pandemic, and limiting such public events and ceremonies was restricted. 

Function with the Union Minister of State for Home: Delkar was invited to the event where the Minister was present, but he gradually felt disrespected during the event. The court said that, although he might be hurt, that does not make sense or claim to provoke him to take his own life, especially when the suicide was committed several months after the function. Being an experienced politician, it was expected that he would handle such situations smartly without being pushed to this extent. 

Committee for Entitlement Proceedings: The Court observed that Delkar had approached the Lok Sabha committee concerning these incidents. The committee initiated inquiry, recorded minutes and even provided safety to Delkar via letter. These steps clearly indicate that his concern was addressed and there was no point of trigger and connection to commit suicide. 

Proclamation of Defamation: Delkar had issued a legal notice to an individual for circulating defamatory and false content. The bench also considered Delkar’s allegations against this private individual.

Final Judgement:

Concluding this matter, the apex court stated that neither the cause of disrespect nor the administrative failures could lead to committing suicide or even instigate committing suicide. Considering these parameters, the court dismissed the appeal and affirmed the High court’s judgement of nullifying the FIR.

Way forward – Significance of the judgement on Suicide Abetment

The handwriting examiners could not verify the suicide note. No FIR was instantly registered on the circumstances of the suicide note. This ruling sets out a clear approach to harassment, which, without the intention to instigate, does not constitute abetment of suicide under Section 306 of the IPC – now  Section 108 of The Bharatiya Nyaya Sanhita (BNS), 2023. This judgement will surely serve as a historical case in the future where suicide notes assert harassment but lack absence of Mens Rea.

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