Legal Analysis: Balaji Jaiswal vs. State of Chhattisgarh & Another

Citation: 2026 INSC 375
Court: Supreme Court of India
Bench: Justice K.V. Viswanathan and Justice Atul S. Chandurkar (Division Bench)
Judgment Author: Justice Atul S. Chandurkar
Date of Decision: April 16, 2026
Nature of Judgment: Criminal Appeal under Article 136 against High Court order refusing to quash charge under Section 306 IPC.

Synopsis of the Judgment

The appellant was charged under Section 306 read with Section 34 IPC for abetting the suicide of Komal Sahu. The prosecution alleged that the appellant had illicit relations with the deceased’s wife, Revati Bai, and that this drove the deceased to commit suicide. The trial court framed charges, and the High Court refused to quash them. The Supreme Court quashed the proceedings, holding that even accepting all prosecution material at face value, the essential ingredients of abetment under Section 107 IPC were not met. There was no positive act of instigation or incitement by the appellant in close proximity to the suicide, nor any material showing that the deceased was left with no option but to commit suicide. Mere illicit relationship or general harassment, without active instigation, is insufficient to sustain a charge under Section 306 IPC.

1. Basic Information of the Judgment

Field Details Case Title Balaji Jaiswal vs. State of Chhattisgarh & Another Criminal Appeal No. Arising out of SLP(Crl.) No. 14640 of 2025 Bench Justice K.V. Viswanathan and Justice Atul S. Chandurkar Date of Decision April 16, 2026 Citation 2026 INSC 375 Appeal From Order dated 08.04.2025 of Chhattisgarh High Court in CRR No. 450/2025

2. Legal Framework

Laws Involved:

• Indian Penal Code, 1860 (IPC): Section 306 (abetment of suicide), Section 107 (abetment – instigation, conspiracy, intentional aid), Section 34 (common intention).

• Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS): Section 438, 442 (revisional jurisdiction).

• Code of Criminal Procedure, 1973 (CrPC): Section 482 (inherent powers – analogous principles).

Precedents Cited:

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