The Mental Healthcare Act, 2017 Has Significantly Decriminalized Attempted Suicide.

Kerala High Court Declares Attempted Suicide Largely Decriminalized Post-Mental Healthcare Act

• The Kerala High Court has stated that, following the Mental Healthcare Act (MH Act), the act of attempting suicide is largely not regarded as a criminal offense.
• Justice Bechu Kurian Thomas commented that discussions around decriminalizing suicide attempts have been ongoing for many years. Although Section 309 of the IPC remains in the law, the 2017 MH Act has significantly shifted the perception of such attempts.
• Under Section 115 of the MH Act, there is an assumption that individuals attempting suicide are under severe stress. Therefore, prosecution under Section 309 of the IPC can only occur if the prosecution proves the individual was not under stress.
• The Court highlighted that in the proposed Bharatiya Nyaya Sanhita, attempting suicide is not considered a crime unless it aims to compel or obstruct lawful authority.
• The case involved an accused who was arrested and placed in a police lockup. Reports indicated he banged his head against the walls due to mental distress, leading to an FIR for attempted suicide under Section 309 IPC.
• The accused approached the High Court seeking to dismiss the proceedings against him, expressing concern over the mental distress he faced.
• The Court criticized the police for filing a case against someone clearly suffering from mental distress, emphasizing the need for psychological support rather than legal action.
• The Court also noted that beyond moral obligations, the State is mandated by Section 115(2) of the MH Act to provide care and treatment to those experiencing severe stress and who may attempt suicide.
• It pointed out that it is the prosecution’s responsibility to demonstrate that the petitioner was not under stress. However, the evidence indicated the accused’s head-banging was a reaction to his arrest.
• The Court clarified that simply banging one’s head does not constitute an attempt at suicide, as individuals may do so for various reasons, including expressing anger or frustration.
• The Court emphasized that without evidence of any injury, it cannot be assumed that head-banging signifies a suicide attempt, highlighting the need to consider the circumstances of each case.
• Ultimately, the petition was granted, allowing the accused relief from the charges.

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