S.115 Mental Healthcare Act: Suicide Attempt Presumes Severe Stress, Barring S.309 IPC Trial, Court Rules in Quashing FIR - 2024-08-05

Court Quashes FIR for Attempted Suicide, Cites Overriding Mandate of Mental Healthcare Act

Nagpur : In a significant affirmation of the protections afforded under mental health legislation, the High Court (Coram: Vinay Joshi , J.) recently quashed a First Information Report (FIR) registered against a police constable for an attempt to commit suicide. The Court invoked Section 115 of the Mental Healthcare Act, 2017, underscoring the legal presumption that such an act is committed under severe stress, thereby precluding trial and punishment under Section 309 of the Indian Penal Code (IPC).

Background of the Case

The applicant, a police constable, faced charges under Section 309 IPC (attempt to commit suicide) after an incident on March 23, 2022. According to the FIR (Crime No. 92/2023, registered with Police Station Lakhandur, Dist. Bhandara), the constable had inquired about a fellow colleague, Yuvraj Uike, at the Lakhandur Police Station. Upon being informed that Uike was on a month-long leave, she reportedly blamed the police, took a knife, and inflicted an injury on her wrist.

Investigations revealed that the applicant was in a love affair with Uike, who was married. Uike had reportedly detached himself from the applicant and switched off his mobile phone at the behest of his wife, leading to the applicant's distress.

Arguments and Legal Framework

The applicant's counsel argued that the act was a result of frustration and severe stress stemming from the unresponsive love affair. The core of the argument rested on Section 115 of the Mental Healthcare Act, 2017, which stipulates that a person attempting suicide is presumed to be under severe stress and should not be tried or punished under Section 309 IPC.

The prosecution, through the report lodged by P.I. Milind Borkar and subsequent investigation, detailed the circumstances of the attempt. However, the court's focus remained on the applicability of the Mental Healthcare Act, 2017.

Court's Analysis: Presumption of Stress Under Mental Healthcare Act

Justice Vinay Joshi , in an oral judgment, meticulously examined the provisions of Section 115(1) of the Mental Healthcare Act, 2017, which states:

"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."

The Court observed that this provision creates a statutory presumption in favor of the accused, indicating that the act of attempting suicide, by its very nature, is considered to be committed under stress. "The act of causing injury perhaps life injury to himself/ herself is considered to be an act committed under stress and therefore, he/she has been excluded from the penal consequence unless proved otherwise," the judgment noted.

Crucially, the Court emphasized that "the statute itself precludes to put said person on trial." After examining the material, the Court found "nothing to infer that the applicant was normal and not under stress." It further reasoned, "It reveals that the applicant though carried knife unpredictably caused injury to herself and thus, it is an instance of committing the act under mental stress."

The judgment highlighted the overriding effect of Section 115(1) of the Mental Healthcare Act, 2017, over Section 309 of the IPC.

Final Verdict and Directive for Care

Based on this legal framework and the facts presented, the Court allowed the application and quashed the FIR against the police constable.

In its concluding remarks, the Court directed the State (non-applicant) to take necessary steps as contemplated under Section 115(2) of the Mental Healthcare Act, 2017. This sub-section mandates:

"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.”

This decision reinforces the legislative intent to decriminalize suicide attempts and shift the focus from punitive measures to providing mental healthcare and support to individuals in severe distress.