The madras high court that recently held that sitting on a hunger strike would not constitute to commit suicide and it also does not attract the offence under section 309 of the Indian penal code(IPC) which criminalise attempt of suicide by a person.
Justice N Anand Venkatesh quash the criminal proceeding iniatiated against chandrakumar who had willingly participate in hunger strike.
In this case a criminal case was registered against the petitioner accusing of offence under section 309 of Indian penal code.as he has participated in a hunger strike for 10 days august 15,2013 to august 24,2013.
Apart from arguing that no case of suicide attempt has been made, the petitioner also contented that trial court was barred from taking cognizance of 2013 FIR with regard to section 468.
The court agreed with the petitioner and and therefore it allowed the petition and quashed the criminal proceedings against the petitioner.