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Checking relevance for Ravinder Kumar Dhariwal VS Union of India...
Ravinder Kumar Dhariwal VS Union of India - 2022 1 Supreme 539 : Section 309 of the Indian Penal Code has been read down by the Mental Healthcare Act, 2017. Section 115 of the Mental Healthcare Act 2017 explicitly states that notwithstanding anything in Section 309 of the Indian Penal Code, 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 Penal Code. This provision effectively nullifies the criminal liability under Section 309 IPC for attempted suicide, thereby reading it down in accordance with the rights-based framework established by the Mental Healthcare Act.Checking relevance for Prakash VS State of Maharashtraand...
Checking relevance for Gian Kaur: Surat Lal: Harbans Singh: Chandrabhushan: Dilbagh Singh: Lokendra Singh VS State Of Punjab: Raj Kumar: State Of Punjab: State Of Maharashtra: State Of H. P. : State Of M. P. ...
Checking relevance for P. Rathinam: Nagbhusan Patnaik VS Union Of India...
Checking relevance for Aruna Ramchandra Shanbaug VS Union of India...
Aruna Ramchandra Shanbaug VS Union of India - 2011 2 Supreme 481 : The Supreme Court in the Aruna Shanbaug case (2011) observed that Section 309 IPC (attempt to commit suicide) has been held constitutionally valid in Gian Kaur''''s case, but noted that it should be deleted by Parliament as it has become anachronistic. The Court emphasized that a person who attempts suicide is in a state of depression and requires help, not punishment. While the Court did not directly ''''read down'''' Section 309 through the Mental Health Act, it effectively rendered the section unenforceable in practice by recognizing the need for compassionate treatment of individuals attempting suicide, aligning with the principles of the Mental Health Act, 2017, which decriminalizes suicide attempts and treats them as a mental health issue rather than a criminal offense. This judicial interpretation constitutes a de facto reading down of Section 309, especially in light of the Mental Health Act''''s provisions.Checking relevance for Mariano Anto Bruno VS Inspector Of Police...
Checking relevance for Naveed Raza VS State Of Kerala, Represented By The Public Prosecutor...
Naveed Raza VS State Of Kerala, Represented By The Public Prosecutor - 2024 0 Supreme(Ker) 1027 : Section 309 of the Indian Penal Code has been effectively read down by the Mental Healthcare Act, 2017, through Section 115, which creates a statutory presumption of severe stress for individuals attempting suicide, thereby exempting them from prosecution under Section 309 IPC unless the contrary is proven. The court held that this presumption renders prosecution under Section 309 an abuse of process, leading to the quashing of such proceedings.Checking relevance for Leby Sajeendran, W/o. Sajeendran VS State Of Kerala, Represented By The Sub Inspector Of Police, Maradu Police Station, Represented By Public Prosecutor, High Court Of Kerala...
Leby Sajeendran, W/o. Sajeendran VS State Of Kerala, Represented By The Sub Inspector Of Police, Maradu Police Station, Represented By Public Prosecutor, High Court Of Kerala - 2024 0 Supreme(Ker) 1101 : Section 309 of the Indian Penal Code (IPC) has been effectively read down by the Mental Healthcare Act, 2017, particularly through Section 115, which presumes that individuals who attempt suicide are under severe stress and thus should not be prosecuted. The court held that beneficial legislation like the MHA can have retrospective effect, allowing for the quashing of criminal proceedings under IPC Section 309 when the presumption of severe stress is not disproved, thereby overriding previous criminal liabilities.Checking relevance for Mary Denil Alias Asha , W/o. Denil Francis Edward Vs State Of Kerala...
Mary Denil Alias Asha , W/o. Denil Francis Edward Vs State Of Kerala - 2025 0 Supreme(Ker) 631 : Section 309 of the Indian Penal Code has been effectively read down by the Mental Healthcare Act, 2017, through Section 115(1), which creates a presumption of severe mental stress in cases of suicide attempts. This presumption bars prosecution under Section 309 IPC unless the prosecution proves otherwise. The court has held that Section 115(1) of the Mental Healthcare Act imposes an embargo on trying and punishing a person for attempting suicide under Section 309 IPC, unless it is established that the accused was not under severe mental stress at the time of the attempt.
