SENDING A LEGAL NOTICE OR FILING A CRIMINAL COMPLAINT DOES NOT AMOUNT TO ABETMENT OF SUICIDE - DELHI HC

The Delhi High court held that sending a legal notice or filing a criminal complaint against a person does not amount to abetment of suicide within the Indian Penal Code. "It cannot be said that by filing a criminal complaint, the Petitioner has the mens rea to instigate the deceased to commit suicide. A criminal complaint is legal recourse available to a person."

The court was hearing a plea filed by a man challenging the sessions court's order. An FIR was filed under section 306 of the Indian Penal Code against the petitioner. The FIR was filed pursuant to a complaint filed by the wife of the deceased, who committed suicide. The Petitioner submitted that he was willing to buy vintage motorcycles and therefore approached the deceased. The Petitioner expressed his desire to buy vintage BSA or other British motorcycles from him. He paid the full amount in 2012. However, the deceased failed to hand over the possession of the vintage motorcycle. In view of this, the petitioner sent a legal notice and later a criminal complaint u/s 420/406 and 120b of the IPC.

The Petitioner left Indian on 5th December 2014 and, by the end of the year, the deceased committed suicide and left behind a suicide note mentioning the petitioner.

The Court was of the view that the deceased felt harassed, but in these facts, the Petitioner could not be blamed for abetment. There is no nexus between the act of petitioner and suicide. And lastly, the mens rea of the petitioner is clearly lacking.

Author: Papiha Ghoshal