Employer’s strict decision is not a basis for declaring it employee’s suicide: Delhi High Court

The Court held that an employer may, in the course of the performance of his duties, make decisions which may cause hardship to an employee, but these do not constitute an offense of incitement to suicide unless the employer has criminal intent to incite the employee to commit suicide.

Justice Amit Sharma made this observation while quashing the first-instance court’s summons to Dr. GK Arora, former principal of BR Ambedkar College, University of Delhi and senior assistant Ravinder Singh (petitioner) in the 2013 abetment to suicide case.

“This Court is of the view that a person occupying a particular position, whether in the private or public sector, in the course of carrying out his duties, must make certain decisions which may at times be harsh and cause difficulties for the employee. The same, in the absence of the requisite mens rea, cannot be termed as an act which would amount to incitement/incitement under Section 306 of the IPC.” The Court noted.