In a recent ruling, the Kerala High Court clarified that lodging a complaint against an individual does not equate to abetment of suicide. This decision came from Justice Bechu Kurian Thomas, who emphasized that for abetment under Section 306 of the Indian Penal Code (IPC) to be applicable, there must be clear instigation or encouragement to commit suicide.
Justice Thomas highlighted that everyone has the right to report grievances and file complaints, with authorities obligated to investigate these claims. He stated, “If such acts are treated as abetment, then every individual will think twice before raising a complaint, which would not augur well in the interests of a welfare state. Filing a complaint before a lawful authority cannot amount to instigation or abetment of suicide.”
The court quashed the chargesheet against two individuals accused of abetting a suicide on March 6, 2016. The deceased left two suicide notes implicating the petitioners, but the court found no evidence of instigation or intention to provoke the suicide. The petitioners argued that merely filing a police complaint does not constitute abetment, a point the court upheld.
The State’s contention that the case should go to trial based on the suicide notes was dismissed by the court, which reiterated the necessity of evidence indicating intent to instigate suicide.
The decision underscores the importance of allowing lawful complaints without fear of being accused of abetment, supporting the judicial process’s integrity and the public’s confidence in seeking legal recourse.
