The Rajasthan High Court has quashed criminal charges framed against three teachers accused of abetting the suicide of a Class 12 student in Bikaner, holding that a teacher’s disciplinary actions, including reprimanding a student for irregular attendance or poor academic performance, cannot by themselves amount to abetment of suicide under the law, a lawyer familiar with the case said on Tuesday.
Event Context
The petitioners, represented by advocate Muktesh Maheshwari, argued that after a detailed investigation, the police had submitted a negative final report after concluding that the deceased had been irregular in attending classes and was not studying properly.
Player Focus
It further said that mere reprimand, criticism or disciplinary action, in the absence of any positive act of incitement or intentional assistance coupled with the requisite mens rea, cannot amount to abetment of suicide.
The bench noted, ‘A teacher is duty-bound to maintain discipline and may legitimately reprimand a student for irregular attendance, poor academic performance or indiscipline. Such acts, performed in the ordinary course of discharging professional duties, cannot, by any stretch of imagination, be construed as instigation or intentional aid to commit suicide.’
The bench further held that there was no material available on record to indicate that the petitioners possessed the requisite mens rea or committed any positive, direct or active act intended to drive the deceased to commit suicide or to create a situation in which she was left with no option except to take the extreme step. It concluded that in the absence of the essential ingredients of abetment under Section 107 IPC, the offence under Section 305 IPC was not made out.
If you need support or know someone who does, please reach out to your nearest mental health specialist.
Helplines: Aasra: 022 2754 6669;
Sneha India Foundation: +914424640050 and Sanjivini: 011-24311918,
Roshni Foundation (Secunderabad) Contact Nos: 040-66202001, 040-66202000,
ONE LIFE: Contact No: 78930 78930, SEVA: Contact No: 09441778290
Team Analysis
Allowing two connected criminal revision petitions, Justice Kuldeep Mathur set aside the order dated February 9, 2021, passed by the additional sessions judge number 6, Bikaner, which had framed charges against petitioners Ravi Bhatnagar alias Ravindra, Swarna Kalra and Meena Godwani under Section 305 of the Indian Penal Code (IPC). The bench discharged all three petitioners from the offence.
source
According to the order, the complainant had alleged that his daughter, a Class 12 student at Rashtriya Sahayak Senior Secondary School, died by suicide on October 19, 2005. It was alleged that she left behind a suicide note stating that her teachers used to harass and insult her and were trying to expel her from the school without any justifiable reason.
Also Read:Two men die by suicide in separate incidents in Lucknow
According to the investigation, she had been reprimanded by her teachers for these reasons and became distressed before taking the extreme step. The petitioners contended that neither the complaint nor the material collected during investigation disclosed the essential ingredients required to constitute an offence under Section 305 IPC.
The bench noted that the investigating agency had found the student was irregular in attending classes and had repeatedly been advised by her teachers to attend school regularly, prepare for her studies and appear in class tests. Statements of teachers and classmates also showed that she had been asked to bring her father to the school if she continued to remain irregular in her studies.
The bench observed that for constituting an offence punishable under Section 305 IPC, the foundational requirements of abetment as defined under Section 107 IPC must first be established.
