BACK TO SECTIONS(2009) 16 SCC 605
Non-BailableCognizable: CognizableCourt of Session
THE STATUTE
Original Text
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Simplified
Section 306 punishes those whose conduct causally and intentionally contributed to another person's suicide. The Supreme Court requires 'instigation' — a positive act that stirs, encourages, or provokes the deceased to take their own life. Mere harassment creating despair, without a direct provocative push, is insufficient for Section 306 (though it may attract Section 498A). A suicide note naming a person does not automatically establish abetment — independent evidence of instigating conduct is required. Most commonly charged in: in-law/dowry cases, workplace harassment/ragging, and online bullying. Section 309 (attempt to suicide) was effectively decriminalised by the Mental Healthcare Act 2017 — BNS has no equivalent.
Legal Evolution
Section 306 is central to dowry death prosecutions. When sustained harassment drives a wife to suicide, both 306 and 498A are charged. Courts carefully distinguish genuine instigation from the normal disappointments of relationships that end in tragedy.
Landmark Precedents
Chitresh Kumar Chopra v. State (NCT of Delhi) (2009)
RELEVANCE
Instigation requires a positive act — mere harassment creating despair is insufficient.
Practical Scenarios
"A supervisor who repeatedly tells a worker 'you are worthless and should not exist' following which the worker dies by suicide — Section 306."
"In-laws who subject a bride to daily abuse over dowry driving her to suicide — Section 306 read with 498A."
Common Queries
Being named triggers investigation but does not establish abetment. Courts require independent evidence of instigating conduct beyond the suicide note.