Effective Discipline Requires Balance Of Punishment & Positive Reinforcement: Karnataka HC Quashes Abetment Case Against Principal, Teacher Over Suicide Of 2 Students

The Karnataka High Court has quashed a case of abetment to suicide registered against a principal and school teacher after two children studying in a school committed suicide and left a suicide note holding them responsible for their act.

A single-judge bench of Justice G Basavaraja allowed the plea filed by the petitioners and discharged them for the offences under section 306 of the Indian Penal Code.

In doing so the court said “It is [not] uncommon that teachers reprimand a student for not being attentive or not being up to the mark in the studies or for bunking classes or for not attending the school. The prosecution papers, including the voluntary statement of the accused, reveals that only in order to safeguard the future educational interest of the deceased students, as they were not up to the mark in preparatory examination, accused have taken special coaching classes to them. As often whispered, teachers are nation builders, who can build the nation solid and strong by imparting the right education among their students. Discipline can improve students' character and analytical skills – which are important to succeed in life. Effective discipline requires a balance between punishment and positive reinforcement.”

Prosecution submitted that accuseds 1 and 2 frequently ill-treated the two students, leading to the loss of their tolerance and subsequent suicide by drowning in Sankey Tank. Prior to their suicide, they left behind a death note implicating these accused, it was argued.

It was argued that accused no 2 had seen the deceased playing Holi after special classes, instead of going home, and the next day she informed accused no 1 who called the mother of both students to inform them of the incident.

It was argued that only one student's mother arrived and she was informed that the deceased need not attend special coaching classes as they were not interested in learning and were spending time elsewhere.

The court referred to the suicide note and held that in order to constitute an offence under Section 306 of the Indian Penal Code, there had to be intentional aid in abetting the accused to commit suicide, and proximity and nexus between the alleged abetment and death of the deceased.

It noted that upon reviewing the contents of the death note, the prosecution's arguments failed to disclose the nature of the purported harassment. Additionally, it does not provide any indication as to how the accused individuals were responsible for the suicide of the deceased, the Court held. 

Careful examination of the prosecution material does not constitute an offence punishable under Section 306 of the Indian Penal Code. There is no cogent and cohesive material available to establish the case of the prosecution, and no prima facie case is being made out to showcase that the accused instigated or abetted the deceased to commit suicide. Mere allegations of harassment of the deceased by any person would not be sufficient in itself, unless there are allegations of said action on the part of the accused which compel committing suicide, which is inherently absent in the instant case," it concluded.

Appearance: Senior Advocate H.S. Chandra Mouli, for Advocate Rajath for Petitioners

HCGP Channappa Erappa for Respondent

Citation No: 2024 LiveLaw (Kar) 58

Case Title: ABC & ANR AND State of Karnataka

Case No: Criminal Revision Petition No 924 OF 2016

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