Scolding not provocation to end  life: SC lets off school hostel head

Holding that scolding does not amount to provoking someone to take his/her own life, the Supreme Court has discharged a school hostel in-charge accused of driving a student to suicide by scolding him.

"Having considered the matter in its entirety, we find it a fit case for interference. As has rightly been submitted by the appellant, no normal person could have imagined that a scolding, that too based on a complaint by a student, would result in such a tragedy due to the student so scolded taking his own life," a Bench of Justices Ahsanuddin Amanullah and Prashant Kumar Mishra said.

The accused had scolded the deceased following a complaint by another student and the student complained against had killed himself after the incident.

Concluding that no normal person could have imagined that a scolding would result in such a tragedy, the top court set aside an order of the Madras High Court, which had refused to discharge the teacher charged with abetment to suicide under Section 306 of the Indian Penal Code.

Such scolding was the least to ensure that the complaint made against the deceased by another student was taken note of and remedial measures were taken, it noted.

"In the considered opinion of this court, under such admitted factual position, no mens rea (intention) can be attributed to the appellant, much less, with regard to abatement of suicide committed by the deceased," the Bench said in its May 22 order.

Contending that there was nothing personal between him and the deceased, the accused submitted that his response was justified and was merely a chiding as a guardian to ensure that the deceased did not repeat the offence and peace and tranquillity in the hostel was maintained.