BENGALURU: Expressing intent to commit suicide is not a crime but attempting it is, the high court has said.
The observation comes in the backdrop of instances of cops booking cases under
Indian Penal Code (IPC) section 309 against those who have reportedly spoken about ending their life or made preparations for the same. Section 309 of IPC reads: “Whoever attempts to commit suicide and does any act towards commission of such an
offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.”
The high court maintained that only those who attempt suicide but are unsuccessful can be booked. “Any preparation or mere
intention to commit suicide is not punishable under IPC section 309,” Justice KN Phaneendra observed in his order. He quashed proceedings pertaining to S Kaviraj, a resident of Vanivilasapura, Hiriyur taluk, Chitradurga.
Kaviraj left his house on the night of October 24, 2016, with an intention to commit suicide after being reportedly harassed by police. He, in fact, confided in a friend about it. The next day, Kaviraj’s father Shankar Naik took the death note, allegedly written by his son, to the police station, levelling charges against deputy superintendent of police Arun Ranga Rajan and warned him of dire consequences if something happened to his son. However, Kaviraj was later traced to Gayathri Lodge in Tumakuru.
Subsequently, Hiriyuru rural police booked Kaviraj for attempting suicide and his father for threatening government officials.
Referring to the statements recorded by police which are part of the chargesheet filed in this case, Justice Phaneendra noted that except for Kaviraj confiding in his friend Manjunath that he was frustrated with local police officers and wanted to die, there is nothing on record to show that he actually attempted suicide.
The judge also observed that though Kaviraj spent a night at the lodge on October 25, 2016, he did not make any suicide attempt.
Karnataka High Court