The Supreme Court ruled on Thursday that a college professor and management could not be held liable for aiding suicide under Section 306 of the Indian Penal Code for exercising legitimate disciplinary action and suspending a student for misconduct. A bench consisting of Justices S.K. Kaul and A.S. Oka heard the case.

The counsel for the appellants contended that there was no mens rea on the part of the college administration to incite suicide, and that the case lacked the necessary ingredients of abetment to suicide. The appellants cited S.S. Chheena vs. Vijay Kumar Mahajan & Anr., in which the court stated, while discussing the dictionary definitions of the words "instigation" and "goading," that

"There should be intention to provoke, incite or encourage the doing of an act by the latter. Each person's suicidability pattern is different from the other. Each person has his own idea of self-esteem and self-respect. Therefore, it is impossible to lay down any straitjacket formula in dealing with such cases. Each case has to be decided on the basis of its own facts and circumstances."

Justice S.K. Kaul orally remarked:

"There must be some material to show. If a teacher is unhappy with a student and some disciplinary action is taken and unfortunately the student commits suicide, is it abetment to suicide? That way no authority can ever take actions. Sometimes the child may react differently. He says my father should not be blamed. Does it show some strain in his relationship with his father? Guardian is required to join and find out. If you don't report, it can't be said to be abetment to suicide."

The court went on to say, "We understand a father's anguish at losing his young son.But we cannot blame teachers for taking basic disciplinary action which is necessary. A contra position would create a lawless educational institution. The anguish of the father ought not to have been converted into a case of suicide. The investigation could have been more realistic considering surrounding circumstances."

As a result, the appeal was granted. The order framing charges was overturned, and the accused were released.

Case Title: V.P. Singh V. The State Of Punjab & Connected Matters

Citation: Crl.A. No. 2103/2010