Chennai: The Madras High Court today held that in a suicide case charging an accused with abetment requires `mens rea` (guilty mind) and a mere reprimanding does not amount to instigation of committing suicide.
Justice P Devadass, who granted bail to a suicide case accused Mani, whose name was mentioned in a suicide note of a girl and was charged under IPC sections 306 and 107 (abetment of a thing), in his order said, "A mere reprimanding does not amount to instigation of committing suicide."
"Contents of the suicide note and other attending circumstances have to be examined to find out whether it is abetment within the meaning of IPC section 306 read with section 107. There may be a case where in the suicide note victim had named a person, who is responsible for his committing suicide, but on proper analysis IPC section 306 may not be attracted," the judge said.
According to the prosecution, a school girl, Pavithra, committed suicide on March 31 and left a suicide note mentioning the name of Mani, who she claimed loved her though she had no affection for him.
She further claimed that her studies were affected because of him and he should be punished for her suicide.
Mani challenged slapping of IPC 306 against him.
Justice Devadass in his order said, "If a person makes an ordinary joke or a casual remark in routine course of ordinary life and when the victim commits suicide, that will not attract section 306 of the IPC. It should be in the nature of forcing or urging the victim to take the extreme decision. If nothing had come from the accused, he or she cannot be blamed for the extreme decision taken by the victim."
The judge directed Mani to execute a bond for Rs 5000 with two sureties who shall be his parents and they shall each execute a bond for a like sum to the satisfaction of the IX Metropolitan Magistrate, Chennai.
