A protest was made by the petitioner and others by way of a hunger strike from 15.08.2013 to 24.08.2013. Based on the same, an F.I.R. came to be registered for an offence under Section 309 IPC on the ground that there was an attempt to commit suicide. On completion of the investigation, a final report was filed before the Court. The Court further observed that the offence under Section 309 IPC* is punishable with a maximum imprisonment of one year. The F.I.R. was registered in the year 2013 and the Court below has taken cognizance in the year 2016 and the same is barred under Section 468 Cr.P.C.**
A Single bench of Justice N. Anand Venkatesh observed that, “mere fact that the petitioner has protested by sitting on hunger strike will not attract the offence under Section 309 IPC.”
Case Title: P. Chandrakumar v. State & Anr.
In the High Court of Judicature at Madras
*What is Section 309 of IPC?
Attempt to commit suicide.—Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year [or with fine, or with both].
**What is Section 468 Cr.P.C.?
Bar to taking cognizance after lapse of the period of limitation.—No Court shall take cognizance of an offence after the expiry of the period of limitation.