Supreme Court of India rules false FIR is not abetment of suicide

The Supreme Court of India has ruled that lodging a First Information Report (FIR) or seeking legal maintenance, even if the allegations are later found to be false, does not constitute abetment of suicide under Section 306 of the Indian Penal Code.

A two-judge bench comprising Justices Manoj Misra and Vijay Bishnoi delivered the decision while quashing criminal proceedings against the in-laws and brother of a deceased man. The case originated from marital discord where the deceased's wife had filed an FIR alleging physical assault and subsequently sought maintenance. Following the man's suicide, his brother filed a counter-FIR accusing the wife's family of harassment and instigation.

The Court clarified that for a charge of abetment to hold, there must be evidence of direct instigation, conspiracy, or intentional aid. The bench emphasized that exercising the legal right to approach the justice system to safeguard one's rights cannot be legally construed as instigating a person to commit suicide.