The Kerala High Court has ruled that lodging a complaint before a lawful authority does not constitute instigation or abetment to suicide. The court emphasized that merely filing a complaint against someone cannot be construed as abetment under Section 107 of the Indian Penal Code (IPC).
According to the court, every individual has the legal right to lodge a complaint, and it is within the jurisdiction of the competent authority to investigate such complaints.
“If such actions were considered abetment, it would deter individuals from raising legitimate complaints, which is not conducive to the principles of a welfare state. Filing a complaint before a lawful authority does not imply any intention to instigate or provoke the deceased into committing suicide,” the court said.
This judgment came in response to petitioners accused of abetting suicide, seeking to quash the final report against them. The prosecution alleged that the deceased, who took his life in 2016 and left suicide notes naming the petitioners, attributed his suicide to a complaint filed against him by them. The court clarified that there was no evidence suggesting the petitioners intended to drive the deceased to suicide by filing the complaint.
The court’s decision underscores that approaching lawful authorities with complaints should not be misinterpreted as inciting suicide, safeguarding individuals’ rights to seek legal recourse without fear of unwarranted legal consequences.
