Case Note & Summary
The petitioners, A.N. Narayanaswamy and N. Narayanaswamy, were facing trial in C.C. No. 1017/2014 on the file of the I Addl. Civil Judge and JMFC, Chikkaballapur, for an alleged offence punishable under Section 201 of the Indian Penal Code, 1860 (IPC). They filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the entire proceedings. The case of the prosecution was that on 08.06.2013, one Ramanjini committed suicide by hanging in a land belonging to Kempanna of Avalgurki Village. The petitioners, upon seeing the deceased, removed the noose from his neck, shifted him to the Chikkaballapur Government Hospital for treatment, where doctors declared him brought dead. Thereafter, the petitioners took the body to the deceased's native place, informed his relatives, and with their consent, buried the body on 09.06.2013. The tree used for hanging was cut and removed. Fifteen days later, on 21.06.2013, the police received a complaint from an undisclosed person alleging that the petitioners had destroyed evidence, leading to the registration of a case and filing of a charge-sheet. The learned advocate for the petitioners, Sri S.R. Sreeprasad, contended that the ingredients of Section 201 IPC were absent in the charge-sheet and annexed documents, and the cognizance taken was illegal. The learned High Court Government Pleader, Smt. Anitha R., argued that the petition should be dismissed. The court examined the allegations and found that the essential ingredients of Section 201 IPC were missing. The court noted that the petitioners acted with a humanitarian intent to save the deceased's life and later performed the burial with the consent of relatives. There was no allegation that the petitioners knew or had reason to believe that an offence had been committed, nor was there any intention to screen the offender. The court held that the acts of the petitioners did not constitute an offence under Section 201 IPC. Consequently, the court allowed the petition and quashed the proceedings in C.C. No. 1017/2014.
Headnote
A) Criminal Law - Section 201 IPC - Causing Disappearance of Evidence - Ingredients - The essential ingredients of Section 201 IPC are: (i) knowledge or reason to believe that an offence has been committed; (ii) intention to screen the offender; and (iii) causing disappearance of evidence. In the absence of any allegation that the petitioners knew or had reason to believe that an offence had been committed, and without any intention to screen the offender, the charge under Section 201 IPC is not sustainable. (Paras 4-5) B) Criminal Procedure Code - Section 482 Cr.P.C. - Quashing of Proceedings - Inherent Power - Where the allegations in the charge-sheet and annexed documents do not make out a prima facie case against the accused, the High Court can exercise its inherent power under Section 482 Cr.P.C. to quash the proceedings to prevent abuse of process of court. (Para 5) C) Criminal Law - Suicide - Removal of Noose and Shifting Body - Not an Offence - The petitioners, upon seeing a person hanging from a tree, removed the noose and shifted him to a hospital for treatment. These acts, done with a humanitarian intent, do not constitute destruction of evidence under Section 201 IPC. The subsequent burial with relatives' consent also does not attract the offence. (Paras 2, 4-5)
Issue of Consideration
Whether the acts of removing the noose from the neck of a deceased person who committed suicide, shifting the body to a hospital, and later burying it with relatives' consent, constitute an offence under Section 201 of the Indian Penal Code, 1860 (IPC) for causing disappearance of evidence of an offence?
Final Decision
The petition is allowed. The proceedings in C.C. No. 1017/2014 on the file of the I Addl. Civil Judge and JMFC, Chikkaballapur, are quashed.
Law Points
- Section 201 IPC requires knowledge or reason to believe that an offence has been committed and intention to screen the offender
- mere removal of noose and shifting of body after suicide without criminal intent does not attract Section 201 IPC
- quashing under Section 482 Cr.P.C. when no prima facie case is made out
