VidhiSangh

Supreme Court of India · 16/01/2025

MAHENDRA AWASE versus THE STATE OF MADHYA PRADESH

[2025] 2 S.C.R. 80 · 2025 INSC 76

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court discharged a loan-recovery agent charged under Section 306 IPC after a guarantor of a loan died by suicide, holding that pressing for repayment in the course of his duty, even in heated and abusive exchanges, did not show intent to instigate suicide, and cautioning police and trial courts against mechanically invoking Section 306.

Issues

  1. Whether the suicide note, witness statements and transcripts of calls showing the appellant pressing the deceased, a guarantor, to repay a loan disclosed grounds to frame a charge of abetment of suicide under Section 306 IPC.
  2. What threshold of instigation or intentional aid must be shown for Section 306 IPC to be attracted.

Provisions considered

Held

Result

Appeal allowed; High Court's order dated 25.07.2023 set aside; appellant discharged and Sessions Case No. 19 of 2023 before the First Additional Sessions Judge, Khargone quashed.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 80.