Supreme Court criticises Allahabad High Court order on abetment of suicide

The Supreme Court on Thursday criticised the Allahabad High Court's interpretation of what constitutes the criminal offence of abetment of suicide [Nipun Aneja vs State of Uttar Pradesh].

A Division Bench of Justices JB Pardiwala and Manoj Misra made the oral observation while setting a High Court order that upheld criminal proceedings against Hindustan Unilever officials under Section 306 of the Indian Penal Code (IPC).

"(Allahabad) High Court has no idea what constitutes an offence under Section 306 IPC!" the Bench remarked today.

The case involved allegations that Hindustan Unilever's recommendation for early retirement led to an employee's death by suicide.

The High Court had ruled that this amounted to abetment of suicide.

However, the Supreme Court observed that the company's actions cannot be construed as instigating the deceased to take their own life.

"Allowing criminal proceedings to continue under (Section) 306 will be misuse and abuse of process of law. Appeal is allowed, impugned order set aside, Proceedings pending in court ... set aside," the Supreme Court said while overturning the High Court order.

Section 306 of the IPC punished the offence of suicide abetment. A similar provision is found in Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS) which replaced the IPC with effect from July 1 this year.