The court quashed the prosecution under Section 309 IPC, citing the Mental Healthcare Act's presumption of severe stress for suicide attempts, indicating a shift towards treating such individuals as victims rather than offenders.

O R D E R

The petitioner is the accused in CC No.1347/2015 on the file of Judicial First Class Magistrate Court, Kunnamkulam. The above case is charge sheeted against the petitioner alleging offence punishable under Sections 309 , 333 and 353 of IPC .

2. The prosecution case is that, on 29.08.2014 at about 05.10 PM, the accused was arrested by the Police in connection with a crime under the Immoral T rafÏc (Prevention) Act, and due to that, she took the knife and attempted to cut her wrist in order to avoid and escape from the Police.

The above said act was interfered by the Police resulting injuries to the Police. Hence, it is alleged that the accused committed the offence. Annexure-A is the FIR and Annexure-B is the Final Report. According to the petitioners, even if the entire allegations are accepted, no offence is made out against the petitioner.

Hence, this Criminal Miscellaneous Case is filed.

3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

4. When this case came up for consideration, the counsel for the petitioner relied the judgment of this Court in Crl.MC No.1724/2019, in which this Court relied Section 115 of the Mental Healthcare Act, 2017 and based on the same, the prosecution under Section 309 IPC is quashed. The learned Public Prosecutor submitted that, in addition to , the offence under Sections 353 and 333 are also alleged.

5. This Court considered the contentions of the petitioner and the Public Prosecutor. The main offence alleged against the petitioner is under Section 309 IPC . This Court in the order dated 14.11.2024 in Crl.MC No.1724/2019, considered the offence under in the light of Section 115 of the Mental Healthcare Act, 2017 . It will be better to extract the relevant portion of the above said judgment:

“4. The counsel for the petitioner raised a short point to the effect that in the light of Section 115 of the Mental Health Care Act, 2017, the prosecution under Section 309 IPC is not made out. It will be better to extract of the Mental Health Act.

" Mental Healthcare Act, 2017 – Section 115 :- Presumption of severe stress in case of attempt to commit suicide.--

(1) Notwithstanding anything contained in Section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code. (2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide."

5. This Court in order dated 07.04.2022 in Crl.M.C No.6522/2021 considered the applicability of Section 115 of the Mental Health Act, 2017, in a prosecution under 309 of the the Indian Penal Code.

The relevant portion is extracted hereunder:

"8. The legality and correctness of the provision punishing attempt to commit suicide have always been subject matter of hot discussion in judicial circle from decades. It is to be remembered that the Law Commission of India during 1970-'71 in the 42nd report had recommended the deletion of offence of the attempt to commit suicide from the Penal Code. During 1978-'79 the recommendation was virtually accepted by the Government of India. But before amendments could be brought in, the Lok Sabha was dissolved in 1979 and the Bill got lapsed. In 1985, in State v. Sanjay Kumar Bhatia [1985 SCC OnLine Del

134] , the Delhi High Court condemned the penal provision as 'unworthy of human society'. In 1986, the Bombay High Court held it to be ultravires on the ground that it violates Articles 14 and 21 of the Constitution of India. A two‐judge bench of the Supreme Court in P . Rathinam v. Union of India [(1994) 3 SCC 394] struck down Section 309 of IPC (attempt to suicide) as unconstitutional. However, in 1996 a five-judge bench of the Supreme Court in Gian Kaur v. State of Punjab [(1996)