Court holds mere mention of accused in suicide note without concrete instigation or proximate act insufficient to sustain abetment charges under Bharatiya Nyaya Sanhita, 2023
In a significant judgment delivered on 23rd September 2026, the Madhya Pradesh High Court (Jabalpur Bench) quashed the FIR registered against Ram Prakash Tiwari and Manish Tiwari in a case concerning the alleged abetment of suicide of a 14-year-old child. The court exercised its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to quash the proceedings, emphasizing the necessity of establishing the essential ingredients of abetment under the Bharatiya Nyaya Sanhita, 2023 (BNS).
The case arose from the tragic death of Raj Shukla @ Abhinav Shukla, a minor who was found dead on 9th August 2025. The police investigation, following a report by Dr. Ashish Tiwari, BMO at CHC Amanganj, led to the registration of Crime No.468/2025 at Police Station Amanganj, District Panna. The prosecution's case hinged on a suicide note allegedly recovered from the deceased's pocket and statements from family members, which implicated the applicants-who are the grandfather and maternal uncle of the deceased-as having harassed the child, thereby abetting his suicide.
However, the High Court critically examined the prosecution's material and found it deficient in establishing the fundamental legal elements of abetment. The court noted that the suicide note merely named the accused without any factual narration or particulars indicating instigation, provocation, intentional aid, or any proximate act connected to the suicide. Likewise, the statements of relatives were generalized allegations of harassment lacking specifics on nature, timing, or direct nexus to the incident.
The court underscored that the minor status of the deceased does not relax the stringent requirements to prove abetment of suicide. Drawing upon precedents including the Supreme Court's rulings in Ramesh Kumar v. State of Chhattisgarh (2001), Amalendu Pal @ Jhantu v. State of West Bengal (2010), and the recent Mahendra Awase v. State of Madhya Pradesh (2025), the court reiterated that abetment demands clear evidence of active instigation or intentional aid with a proximate nexus to the suicide.
Referring to the Supreme Court's decision in Kiran Deshmukh v. State of Madhya Pradesh (2026), the bench affirmed that mere reference to names in a suicide note, absent corroborative material substantiating the mens rea and overt acts of abetment, cannot sustain criminal proceedings.
In conclusion, the court held that continuing proceedings without disclosure of these essential ingredients would amount to an abuse of the legal process. Consequently, the FIR and all consequential proceedings against Ram Prakash Tiwari and Manish Tiwari under Section 107 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, were quashed.
This judgment reinforces the principle that allegations of abetment, even in sensitive cases involving minors, must be supported by legally cognizable acts and intent, thereby safeguarding individuals from unfounded criminal prosecution based solely on vague or general accusations.
Bottom Line:
Bharatiya Nyaya Sanhita, 2023 - Abetment of suicide of child - Mere naming of accused in suicide note, without particulars of instigation, intentional aid or proximate act having nexus with suicide, does not disclose essential ingredients of abetment - FIR quashed in exercise of inherent powers under Section 528 of BNSS.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Section 107, Section 3(5); Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Ram Prakash Tiwari v. State of Madhya Pradesh, (MP)(Jabalpur) : Law Finder Doc Id # 3004114
