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VINAY JOSHI, VRUSHALI V. JOSHI
Ku. Shital Dinkar Bhagat – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT (ORAL)
Vinay Joshi, J.—Heard.
2. Admit.
3. This is an application seeking to quash First Information Report (“FIR’) vide Crime No. 92/2023 registered with Police Station Lakhandur, Tq. Lakhandur, Dist. Bhandara for the offence punishable under Section 309 of the Indian Penal Code. The applicant was serving as a Police Constable. She has attempted to commit suicide on 23.03.2022 by causing injury at her wrist by knife. The learned counsel appearing for applicant would submit that the applicant was having love affair with married fellow colleague Yuvraj Uike. Since Yuvraj never responded, she under frustration did the act under stress and thus, in view of Section 115 of the Mental Healthcare Act, 2017 (“the Act of 2017”), she cannot be tried and punish for the offence under Section 309 of the Indian Penal Code.
4. The Police have carried investigation on the basis of report lodged by P.I. Milind Borkar. It is informant’s case that on 23.03.2022, while he was at Police Station, the applicant came, inquired about Yuvraj Uike who was posted at said Lakhandur Police Station. She was informed that Yuvraj is on long leave of one month, on which she blamed all Police, took knife an
Attempt to commit suicide – Person who tried to commit suicide, enjoys statutory presumption about mental stress and having regard to such presumption, he has been excluded from putting on trial.
The Mental Healthcare Act presumes severe stress in suicide attempts, barring prosecution under IPC unless proven otherwise.
The Mental Healthcare Act, 2017, creates a presumption of severe stress for suicide attempts, exempting individuals from prosecution under IPC Section 309.
The Mental Healthcare Act, 2017 can be applied retrospectively, providing protections for individuals attempting suicide under severe stress, thus overriding previous criminal liabilities.
The main legal point established in the judgment is the requirement for the prosecution to establish a clear mens rea and active act to push the deceased into a position to commit suicide in cases of....
Point of Law : Mere extramarital relationship, without anything more cannot be treated as sufficient to invoke the provisions of Section 306 IPC.
The court clarified that abetment of suicide requires either direct instigation or creating an unbearable situation, with insufficient evidence for charges under the SC/ST Act.
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