Decriminalisation of Section 309 of IPC is a more humane and effective way of dealing with the issue : Kerala High Court

The High Court of Kerala, through learned judge, Justice K. Haripal in the case Simi CN v. State of Kerala (CRL.MC NO. 6522 OF 2021) held that the decriminalisation of Section 309 of IPC is a more humane and effective way of dealing with the issue. 

BRIEF FACTS OF THE CASE: The petitioner in this case had approached the Court under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings which arose from the final report in a crime registered at Ollur police station. The first information was given by Mini Unnikrishnan, president of Puthur Grama Panchayat alleging offence under Section 309 of the Indian Penal Code. The petitioner alleged that an altercation between the de facto complainant and her led to the commission of the act.  The Petitioner contested that by virtue of Section 115 of the Mental Health Care Act, 2017, her act would not fall within the ambit of Section 309 of the IPC. 

JUDGEMENT: The court observed that the petitioner was abused and pressured to do an official act against the procedures to be followed in the office. She was  abused and threatened in the midst of the general public, illegally restrained and confined in the room. Under severe mental stress, she lost her balance for a moment and attempted to commit suicide. The court observed that the allegations made in the FIR or complaint against the petitioner  do not prima facie constitute any offence. The court held that  Section 115 of the Act saved the act of the petitioner from the penal provision.  The entire proceedings against the petitioner pending before the Judicial First Class Magistrate’s Court-III, Thrissur was quashed by the court.


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