AN ACT OF TEACHER REPRIMANDING A STUDENT CANNOT CONSTITUTE ABETMENT OF SUICIDE

The Supreme Court bench of Justices S Abdul Nazeer and Krishna Murari held that an act of teacher scolding or criticizing a student on account of indiscipline would not attract the offence of abetment of suicide. The Court was hearing an appeal against the judgment passed by the Rajasthan HC, whereby the HC dismissed the PT teacher's petition of quashing the FIR for abetment for suicide.

A 9th standard committed suicide and left behind a suicide letter stating "THANKS GEO (PTI) OF MY SCHOOL" on its third page. The Mother of the deceased registered an FIR against the PT teacher alleging mental harassment and, therefore, abetment to suicide. 

The Court said that in order to constitute an offence of abetment of suicide, there must be a direct or indirect act of incitement to the commission of suicide. Mere allegations of the deceased would not be sufficient in itself. Further, if the person committing suicide is hypersensitive and the allegations associated with the accused is otherwise not ordinarily expected to induce a similarly situated person to take the drastic step of committing suicide, it would be unsafe to hold the accused guilty of abetment of suicide.

And thus, every case has to be considered depending on the facts of the cases.

The Court noted that in the present case, the cause for the harassment by the appellant was not mentioned in the FIR or in the statement made by the complainant and recorded by the police. The Court further noted that the appellant reprimanded the boy after he was caught bunking classes, and the same was informed to the parents of the boy. In this instant case, no mens rea can be attributed.

The Court quashed the First Information Report. 

Author: Papiha Ghoshal