Person Attempting To Commit Suicide Cannot Be Penalised In View Of Provisions Of Mental Healthcare Act: Bombay High Court

The Nagpur bench of the Bombay High Court recently granted relief to a woman constable, who was booked for committing suicide after noting that she took the extreme step under stress and thus her act is exempted from action owing to provisions of the Mental Healthcare Act, 2017.

A division bench of Justices Vinay Joshi and Vrushali Joshi quashed a First Information Report (FIR) lodged against one Shital Bhagat at the Lakhandur Police Station at Bhandara, under section 309 of the Indian Penal Code (IPC).

"The Act of 2017 has taken care about the offence of attempted suicide punishable under Section 309 of the IPC. It provides that by the nature of the act itself, such person shall be presumed to be under stress and therefore, s/he shall not be tried and punished. The act of causing injury perhaps life injury to himself/ herself is considered to be an act committed under stress and therefore, s/he has been excluded from the penal consequence unless proved otherwise. Thus, the presumption runs in favour of accused and the contrary is to be proved by the prosecution," the bench observed in its order pronounced on August 5.

Referring to the provisions of the Mental Healthcare Act, the judges noted that a person who tries to commit suicide, enjoys a statutory presumption about mental stress and having regard to such presumption, he has been excluded from putting on trial.

"Though it is submitted that during trial the presumption can be lifted, however the statute itself precludes to put said person on trial. We have examined material from which we could gather nothing to infer that the applicant was normal and not under stress," the bench observed.

The judges noted from the record, that the applicant, attempted to commit suicide in March 2022 by causing an injury on her hand with the help of a knife. However, her attempt was foiled by the police, who rushed the spot on receiving information about the same.

"The record reveals that the applicant though carried knife unpredictably caused injury to herself and thus, it is an instance of committing the act under mental stress. In view of Section 115(1) of the Mental Healthcare Act, 2017 which has overriding effect to Section 309 of the IPC, the applicant cannot be tried for the offence of Section 309 of the IPC," the judges opined.

With these observations, the bench quashed the FIR against the applicant.

Appearance:

Advocate PS Patil, appeated for Applicant.

Additional Public Prosecutor A Madiwale represented the State.

Case Title: Shital Dinkar Bhagat vs State of Maharashtra (Criminal Application 783 of 2023)

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