Supreme Court ruling on Mohan Delkar suicide case – defining scope of abetment under Section 306 IPC.
SC UPHOLDS QUASHING OF FIR IN MOHAN DELKAR SUICIDE CASE
CASE SUMMARY – The Supreme Court in Abhinav Mohan Delkar v. State of Maharashtra addressed whether prolonged harassment amounts to abetment of suicide under Section 306 IPC. Seven-time MP Mohan Delkar’s suicide note accused officials of harassment, defamation, and extortion. While his son sought prosecution, the High Court quashed the FIR. The Supreme Court upheld this, ruling that abetment requires a proximate act and clear mens rea, not just continuous humiliation. The suicide note’s credibility was doubtful due to delays and absence of earlier complaints. The Court emphasized that instigation must be direct and intentional. Appeals were dismissed, affirming FIR quashing.
| ASPECTS | DETAILS |
| Case Title | Abhinav Mohan Delkar vs. The State of Maharashtra & Ors. – Criminal Appeal Nos. 2177–2185 of 202 |
| Introduction | The case concerns whether allegations, harassment, humiliation, or defamation leading to suicide constitute “abetment” under Section 306 IPC (now Section 108 BNS, 2023). |
| Factual Background | Seven-time MP Mohan Delkar committed suicide on 22.02.2021, leaving a note naming officials alleging harassment, defamation, extortion, and conspiracy to ruin his political career. FIRs were filed, but the Bombay High Court quashed them under Section 482 CrPC. His son appealed. |
| Legal Issues | Whether continuous harassment without a proximate incident amounts to abetment of suicide; the validity of the suicide note; and the correctness of High Court’s quashing of FIR. |
| Applicable Law |
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| Analysis | Supreme Court analyzed precedents (Surinder Kumar, Dammu Sreenu, Munshiram, Ude Singh, etc.). Held that “abetment” requires clear mens rea and proximate causation. Continuous harassment without a direct provocation cannot amount to abetment. Suicide note credibility was doubtful due to delay in FIR and absence of earlier complaints. |
| Conclusion | SC upheld the High Court’s decision, holding no prima facie abetment was made out. Allegations of extortion surfaced only in the suicide note. Appeals dismissed. |
| Current Scenario | As of 19 August 2025, Supreme Court judgment final. FIR remains quashed, accused cleared of abetment charges. Raises debate on the scope of Section 306 IPC & protection of political figures. |
”Mere harassment without a proximate act and clear intention cannot amount to abetment of suicide.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – Abetment under Section 306 IPC (now Section 108 BNS, 2023)
