Filing a Criminal Complaint Under IPC Section 306
What you need to know
Section 306 of the Indian Penal Code (now Section 108 of the Bharatiya Nyaya Sanhita 2023) deals with abetment of suicide — if a person dies by suicide and there is evidence that someone else instigated, aided, or continuously harassed them into taking that step, the accused can be charged under this provision. The offence is cognizable and non-bailable, carrying up to 10 years imprisonment and a fine. In India, such cases often arise from domestic harassment, dowry cruelty, workplace bullying, or sustained mental torture. As a complainant (usually a family member of the deceased), you have the right to demand an FIR and a proper police investigation.
Your rights
You have the right to demand registration of an FIR at the local police station; police cannot refuse a cognizable offence complaint
If police refuse to register the FIR, you may send a written complaint to the Superintendent of Police or approach a Magistrate under CrPC Section 156(3)
Family members of the deceased can file a private complaint before a Judicial Magistrate if police are unresponsive
You are entitled to request a copy of the post-mortem report, inquest report, and investigation documents as the complainant
What you should do now
Action firstSecure all evidence immediately
- Preserve the deceased's phone, messages, call logs, emails, diary, social media chats, and any suicide note
- Note names of witnesses who were aware of harassment or threats made by the accused
- Obtain copies of the FIR (if already filed by police), post-mortem report, and inquest panchnama
File an FIR at the local police station
- Visit the police station in whose jurisdiction the death occurred and submit a written complaint naming the accused and describing the acts of abetment
- Insist on a copy of the FIR (your legal right under S.154 CrPC); note the FIR number
- If police refuse, send a written complaint by registered post to the Superintendent of Police
Escalate if police are inactive or refuse FIR
- File a petition before the Judicial Magistrate under Section 156(3) CrPC directing police to investigate
- Alternatively, file a private complaint (Section 200 CrPC) directly before the Magistrate with all evidence
- Approach the State Human Rights Commission or High Court via writ if harassment by police continues
Engage a criminal lawyer and monitor investigation
- Retain a criminal advocate to guide you through the chargesheet filing stage and ensure accused are not granted anticipatory bail without opposition
- If dowry or domestic cruelty is also involved, ensure S.498A and Dowry Prohibition Act sections are added to the complaint
Acts applicable
Indian Penal Code / Bharatiya Nyaya Sanhita
centralS.306 IPC / S.108 BNS — Abetment of Suicide (up to 10 years)
Code of Criminal Procedure / BNSS
centralS.154 CrPC — Mandatory FIR registration for cognizable offence
Dowry Prohibition Act (if dowry-related)
centralS.4 — Penalty for demanding dowry; read with S.498A IPC