Court Rules Casual Remarks Do Not Constitute Instigation or Criminal Offences Under Bharatiya Nyaya Sanhita, 2023
In a significant ruling, the Jharkhand High Court has quashed the FIR and entire criminal proceedings against Anvesha Ona, a Block Development Officer, in connection with Dumri P.S. case no. 70 of 2025. The court found that the allegations, which included instigation to commit suicide, criminal conspiracy, criminal breach of trust, criminal intimidation, and insult intended to provoke breach of peace, were not substantiated by material evidence.
Presided over by Justice Anil Kumar Choudhary, the judgment held that the use of casual or rude words such as "Tum Tam" and "Tere Mere" by the Block Development Officer to a Panchayat Secretary cannot constitute instigation under Section 108 of the Bharatiya Nyaya Sanhita, 2023. This section corresponds to Section 306 of the Indian Penal Code (IPC), which deals with abetment to suicide.
The court emphasized that instigation requires a positive act that creates a situation for the victim to end their life, as clarified in several Supreme Court judgments, including Amudha v. The State and Balaji Jaiswal v. State of Chattisgarh. Mere casual remarks or reprimands do not meet the threshold for instigation.
Moreover, the court found no evidence of a criminal conspiracy, as defined under Section 61 of the Bharatiya Nyaya Sanhita, which requires a "meeting of minds" among conspirators. Similarly, the allegations of criminal breach of trust under Section 316, criminal intimidation under Section 351, and insult intended to provoke breach of peace under Section 352 were deemed unfounded due to lack of evidence or essential elements such as entrustment of property or a threatening act.
The court concluded that the continuation of criminal proceedings against Anvesha Ona would amount to an abuse of process of law and thus set aside the FIR and proceedings. This decision underscores the importance of substantive evidence in criminal cases and the need to distinguish between casual remarks and criminal acts.
Bottom line:-
Mere use of casual or rude words such as "Tum Tam" and "Tere Mere" by a Block Development Officer to a Panchayat Secretary cannot constitute instigation under Section 108 of the Bharatiya Nyaya Sanhita, 2023, which corresponds to Section 306 of IPC.
Statutory provision(s): Sections 108, 61, 316, 351, 352 of the Bharatiya Nyaya Sanhita, 2023.
Anvesha Ona v. State of Jharkhand, (Jharkhand) : Law Finder Doc id # 2935779
