Issuance Of Legal Notice And Filing Of A Complaint Case Not Abetment Of Suicide U/S 306 IPC: Delhi High Court

The Delhi High Court on Monday held that issuance of a legal notice and filing of a complaint case against a person is not abetment of suicide within the meaning of sec. 306 of Indian Penal Code.

Observing that filing of a criminal complaint is a legal recourse as advised to a person, Justice Manoj Kumar Ohri said:

"It cannot be said that by filing a criminal complaint against the deceased, the petitioner had the mens rea to instigate or goad the deceased to commit suicide; and further, that the deceased was left with no other option but to commit suicide."

The Court was dealing with a plea filed by a man challenging the sessions court's decision in a criminal revision case. An FIR was filed against the petitioner in the year 2016 under sec. 306 of IPC. 

According to the petitioner, it was submitted that the FIR was filed in pursuant to a complaint filed by wife of the deceased who committed suicide and two police officers nearly 44 days after the date on which suicide was committed.

Furthermore, it was submitted that having interest in vintage motorcycles, the petitioner had contacted the deceased, involved in the same business, thereby expressing his desire to purchase a vintage BSA or Triumph or other British motorcycle from him.

The petitioner further submitted that despite the receipt of complete payment in the year 2012, the deceased did not handover the possession of the vintage motorcycle.

In view of this, after coming to India, a legal notice was issued by him to the deceased in 2014 based on a legal advice. Later, a criminal complaint dated 27.11.2014 for offences punishable under Sections 420/406 IPC read with Section 120B IPC was also filed by him.

The petitioner had then left India on the intervening night of 5th and 6th December, 2014. By the end of 2014, the deceased committed suicide and left behind a suicide note naming the petitioner as the reason for taking the extreme step.

Placing reliance on plethora of judgments on the subject and analysing sec. 306 of IPC, the Court was of the view thus:

"The deceased had felt harassed but, in these facts, the act of petitioner could not be held to have abetted the deceased in committing suicide. The filing of a criminal complaint by the petitioner was his legal recourse, as advised to him."

The Court therefore concluded that neither any Live link nor any proximity between the acts of the petitioner and the act of committing suicide by the deceased was discernible in the matter.

"The requisite mens rea on part of the petitioner is also lacking. It cannot be said that the petitioner had abetted or instigated the deceased to commit suicide and that the deceased was left with no option but to commit suicide," the Court added.

Resultantly, the Court set aside the Sessions Court order directing the Trial Court to proceed with the matter.

Title: ATUL KUMAR v. STATE OF NCT OF DELHI & ANR.

Click Here To Read Order