Kochi, June 27 The Kerala High Court on Thursday ruled that a complaint filed before a lawful authority would not amount to instigation or abetment to suicide, since filing such a complaint is not intended to instigate or abet the deceased to commit suicide.
The Court observed, "A mere complaint to a lawful authority against a person cannot be treated as an abetment as contemplated under Section 107 I.P.C. A person is, by law, entitled to complaint against another to a lawful authority. On receipt of such a complaint, the competent authority is also entitled to inquire or investigate the complaint as the case may be.
"If such acts are treated as abetment, then every individual will think twice before raising a complaint against a person, 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, as the intention in filing the complaint is not to instigate or goad the deceased to commit suicide."
The ruling comes after petitioners accused of a crime alleging abetment to suicide approached the Court to quash the final report filed against them.
The prosecution case was that the deceased hanged himself in 2016 after writing two suicide notes naming the petitioners as responsible for his death.
In the two suicide notes, it was mentioned that the petitioners filed a complaint against the deceased at the police station and based on the complaint, he was called to the police station, and hence he committed suicide.
The Court also pointed out that if filing a complaint before the police is treated as an abetment, then people would hesitate to approach any lawful authority and in this case by no stretch of the imagination, the petitioners intended that the deceased would commit suicide for filing the complaint and added there was no material evidence to suggest that the petitioners intended to instigate the deceased to commit suicide.
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