Gujarat HC upholds rejection of abetment of suicide case as victim survives the attempt

Gujarat High Court has refused to invoke Section 306 of the Indian Penal Code (abetment of suicide) observing that the provision does not apply when the alleged victim survives the suicide attempt.

A single bench of the high court has dismissed a criminal revision application filed by the victim (mother-in-law), who had challenged the order of the Judicial Magistrate First Class (JMFC), Mandvi-Kutch. The JMFC had prima facie rejected the complaint filed by her husband, under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), invoking Sections 306 and 503 IPC against their daughter-in-law and her family members. 

According to the complaint, the daughter-in-law and her relatives had allegedly subjected the couple to physical, mental, and economic harassment, prompting mother-in-law to consume poison in an attempt to end her life. She became unconscious and was hospitalized, during which her dying declaration was recorded before an Executive Magistrate, naming the accused daughter-in-law and her family members in the harassment.

The JMFC rejected the application, noting that the survival of the wife rendered Section 306 IPC inapplicable. The court also took into account parallel proceedings, including petitions under the Protection of Women from Domestic Violence Act, 2005, and cross-complaints filed by the other side under Sections 209, 499, and 503 IPC, along with documents against the accused (daughter-in-law).

Challenging the JMFC order before the high court, the victim and also the petitioner sought directions to consider the case under Section 306 IPC against the daughter-in-law and her family. 

Her counsel argued that while the survival meant no case under abetment of suicide, the act itself constituted an attempt to commit suicide under Section 309 IPC. However, she highlighted that with the enactment of the Mental Healthcare Act, 2017, Section 115 presumes that a person attempting suicide is under severe stress and shall not be tried or punished under Section 309 IPC unless proved otherwise. The Act further mandates the government to provide care, treatment, and rehabilitation to reduce the risk of recurrence.

The counsel submitted that the legislative intent has shifted significantly, rendering attempts to commit suicide practically inoperative as punishable offences.