S. 115(1) Of Mental Healthcare Act- Person Trying To Commit Suicide Enjoys Statutory Presumption About Mental Stress: Bombay HC Quashes FIR U/s. 309 IPC
The Bombay High Court quashed an FIR under Section 309 of the IPC while observing that a person who tries to commit suicide enjoys a statutory presumption about mental stress and is therefore excluded from trial based on such presumption.
The Court stated that Section 115(1) of the Mental Healthcare Act, 2017 (the Act), which provides for a statutory presumption about mental stress, has an overriding effect on Section 309 of the IPC. The Bench held that the attempt of the police constable (the applicant) to commit suicide was under mental stress, and therefore, she could not be tried for the offence.
A Division Bench of Justice Vinay Joshi and Justice Vrushali V. Joshi observed, “The person who tried to commit suicide, enjoys a statutory presumption about mental stress and having regard to such presumption, he has been excluded from putting on trial.”
Advocate P.S. Patil appeared for the applicant, while Addl. PP A. Madiwale represented the non-applicant.
The applicant had filed an application to quash an FIR registered against her for the offence punishable under Section 309 of the IPC. The applicant, who was serving as a Police Constable, had allegedly attempted to commit suicide by causing injury to her wrist with a knife.
The applicant argued that she cannot be tried or punished for the offence in view of Section 115 of the Act. It was submitted before the Court that she was having a love affair with a married fellow colleague, and when he stopped responding, the applicant attempted to commit suicide under stress.
The High Court explained, “The Act of 2017 has taken care about the offence of attempted suicide punishable under Section 309 of the Indian Penal Code. It provides that by the nature of the act itself, such person shall be presumed to be under stress and therefore, he/she shall not be tried and punished. 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. Thus, the presumption runs in favour of accused and the contrary is to be proved by the prosecution.”
The Bench noted that the applicant was "not normal" and was under stress. The Court explained that even though the prosecution submitted that during the trial the presumption about mental stress can be lifted, the statute itself precludes putting said person on trial.
Consequently, the Court observed, “The applicant though carried knife unpredictably caused injury to herself and thus, it is an instance of committing the act under mental stress. In view of Section 115(1) of the Act of 2017 which has overriding effect to Section 309 of the Indian Penal Code, the applicant cannot be tried for the offence of Section 309 of the Indian Penal Code.”
Accordingly, the High Court allowed the application.
Cause Title: Ku. Shital Dinkar Bhagat v. State of Maharashtra (Neutral Citation: 2024:BHC-NAG:8633-DB)
