Attempt To Suicide To A Large Extent Is No Longer An Offence Due To The Enactment Of Mental Healthcare Act, 2017: Kerala High Court

Justice Bechu Kurian Thomas observed:

“Decriminalizing attempts to commit suicide has been under consideration for the last several decades. Though section 309 IPC remained in the statute book, with the enactment of the MH Act in 2017, attempts to commit suicide became, to a large extent, no longer an offence.”

As per Section 115 of the MH Act, there is a presumption that a person who attempted to commit suicide was under severe stress. Therefore, he cannot be prosecuted for attempting suicide under Section 309 of the Indian Penal Code unless the prosecution can show that the person was not under any stress.

The Court also noted that in Bharatiya Nyaya Sanhita, attempting to commit suicide is not an offence unless it is done to compel or restrain the exercise of lawful power.

The accused was arrested in connection with a crime and was lodged in the lockup. He is alleged to have repeatedly banged his head on the walls of the lockup on account of mental distress. An FIR was registered against him alleging offences under Section 309 of IPC. The accused approached the High Court to quash proceedings in the crime of attempt to suicide.

The Court expressed its displeasure over the police registering a case against the accused when it was clear to them that the accused was in mental distress. The Court said that the police should have given him psychological support. The Court observed that the behaviour of the police lacked 'sensitivity, concern and empathy for the fellow human'.

The Court added that apart from human consideration, the State had a statutory obligation under Section 115(2) of the MH Act to give care, treatment and rehabilitation to a person who was suffering from severe stress and attempted to commit suicide.

The Court said that it was upon the prosecution to prove that the petitioner was not under any stress. However, the final report itself mentioned that the petitioner started banging his head due to the mental distress of having been arrested.

The Court also added that mere banging of the head cannot be considered as an attempt to suicide. He observed that a person may bang his head on the wall for a number of reasons. The court said that since the prosecution has not produced any evidence of injury, it cannot be assumed that the person was attempting suicide.

“It is not uncommon for individuals to bang their heads as a means of expressing anger, distress, anxiety, frustration or even panic. The personality, behaviour and situations characterize such a conduct. In the absence of any external or internal injuries, it cannot be assumed that each time a person bangs his head, he is attempting to commit suicide. Of course, it depends upon the circumstances of each case.”

Accordingly, the petition was allowed.

Counsel for the Petitioner: Advocates Mansoor B. H., Janet Job

Counsel for the Respondents: Public Prosecutor Adv. Noushad K. A.

Case No: Crl. M. C. 8305 of 2019

Case Title: Naveed Raza v State of Kerala and Another

Citation: 2024 LiveLaw (Ker) 611