The Madras High Court in a recent ruling held that sitting on hunger strike would not amount to an attempt to commit suicide and certainly cannot be viewed as an offence under Section 309 of the Indian penal Section 309 which criminalizes suicide attempt.
Background of the Case
A criminal case was registered against the petitioner alleging him of the offence under Section 309, IPC after he participated in hunger strike from August 15, 2013 to August 24, 2013. In 2016, after a charge sheet was filed, the trial court took cognizance of the case.
Case of the Petitioner
The petitioner contended that going on hunger strike cannot be construed to mean that it is an attempt to suicide. Moreover it was also stated by the petitioner that the trial court was barred from taking cognizance of the 2013 FIR in 2016 as per the Section 468 of the Code of Criminal Procedure.
Section 468 pertains to the bar of taking cognizance after lapse of the period of limitation. In this case, it was stated that Section 309 only prescribes a 1 year penalty; it took 3 years to take cognizance of the final report.
Observation of the Court
"The Court below ought to have taken cognizance within a period of one year since the offence is punishable for a maximum period of one year. However, the Court below has taken cognizance after nearly three years without assigning any reasons. Therefore, taking cognizance of the final report by the Court below is barred by law and stands vitiated”.
Thus, the petition was allowed and the criminal proceedings were set aside by the Hon’ble Court.
Case Details
Before: Madras High Court
Case Title: P Chandrakumar v. State
Coram: Hon’ble Mr. Justice N. Anand Venkatesh
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