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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
Mary Denil Alias Asha , W/o. Denil Francis Edward – Appellant
Versus
State Of Kerala – Respondent
ORDER :
(V.G. ARUN, J.)
Petitioner is the accused in C.C.No.376 of 2023 pending on the files of the Judicial First Class Magistrate Court - II, Ernakulam.
The case originated from Crime No.1476 of 2022 registered at the Ernakulam Central Police Station for the offence punishable under Section 309 of IPC. The crime was registered on the allegation that, at about 10:30 am on 04.11.2022, petitioner, with intent to commit suicide along with her two children aged 11 and 9, jumped from the terrace of her house, resulting in injuries to herself and the children. Petitioner is seeking to get the criminal proceedings against her quashed, on the ground that she was under severe mental stress when the incident occurred and cannot therefore be prosecuted under Section 309 of IPC.
2. Learned Counsel for the petitioner contended that even if the allegation of attempt to commit suicide is accepted as true, petitioner cannot be prosecuted and punished in view of the presumption of her being under severe stress and consequential prohibition contained in Section 115(1) of the Mental Healthcare Act, 2017 ('the Act' for short). It is submitted that the medical records would show that the petitioner was ha
The Mental Healthcare Act presumes severe stress in suicide attempts, barring prosecution under IPC unless proven otherwise.
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, 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.
For a conviction under Section 306 IPC, clear evidence of incitement to suicide is required, and mental health factors must be considered in establishing causation.
Point of Law : Section 105 of Mental Healthcare Act, 2017 deals with procedure to be followed in a judicial process where any proof of mental illness of a person is produced.
The court established that the Mental Health Care Act, 2017 mandates the government to provide mental health care and prevent suicides, emphasizing the importance of effective implementation.
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