Can employers be held responsible for an employee’s death by suicide?

Recently, the Supreme Court in the case of Nipun Aneja and Others v. State of Uttar Pradesh (2024) observed that establishing an offence of abetment of suicide  requires clear evidence of direct or indirect incitement to commit suicide. The Court differentiated between sentimental and official relationships, noting that expectations in official relationships are governed by legal and regulatory frameworks, unlike the personal expectations in sentimental relationships.

The Court was hearing an appeal against a 2017 order by the Allahabad High Court which had allowed criminal proceedings against a group of officials who had compelled an employee to retire and allegedly triggering him to commit suicide. 

In this Weekly, we describe the key tests that the Supreme Court has laid down to conclude when an employer’s actions can amount to abetment of suicide. 

What constitutes the offence of suicide?

If a person dies by suicide, whoever provokes, aids or enables the act of taking one’s own life is said to commit the offence of abetment of suicide. The Indian Penal Code (IPC) under section 306 punished abetment of suicide with jail time up to 10 years and a fine. Carrying forward the essence of Section 306 of the IPC, Section 106 of the Bhartiya Nyaya Sanhita (BNS), 2023 prescribes a punishment of imprisonment up to ten years and a fine for anyone who instigates or assists someone to commit suicide.  

For a person to be convicted under this section, the abetment must meet the criteria set out in Section 45 of BNS (equivalent to Section 107 of IPC). It defines abetment as an intentional act of instigating, aiding, or conspiring to make someone commit a crime.

When can employers be held liable for abetment of suicide?

There have been many cases of death by suicide caused due to work-related stress where family members of the deceased have accused the employers of abetment of suicide. While dealing with these cases, courts have laid down the following conditions to decide if an employer is guilty of abetting suicide:

1. Proven Harassment or Torture: Allegations of harassment must have adequate evidence to back up the allegations.
2. Existence of Dispute: If the employee had a known dispute with the management, the court should assess whether they had taken any steps for resolution.
3. Presence of Mens Rea (Intent): For actions to amount to abetment, the prosecution must prove that the accused had intention to cause harm. 

What is the punishment for abetment of suicide?

The punishment for abetment of suicide is jail time up to 10 years and a fine. There is a provision of severe punishment in specific cases of abetment, like : 

1. a) a child (under 18 years); or
2. b) an insane person i.e., a person who is not of sound mind; or
3. c) a person who is delirious or in a state of intoxication.

In these cases, the punishment could extend to life imprisonment or death.

What did the Supreme Court say in the current case?

In this case, the Supreme Court found no evidence to support the accusations of abetment and ruled that putting the appellants on trial is an abuse of the legal process. The Supreme Court also outlined factors that should be considered in abetment cases, such as:

• Whether the accused created an unbearable environment of harassment?
• Whether they exploited the emotional vulnerability of the deceased?
• Whether they made false allegations or threatened dire consequences?

The Court held that mere harassment or humiliation in an official capacity, without the specific intent to drive someone to suicide, does not constitute abetment. It noted that courts should carefully examine the facts from the very beginning.