Conviction Invalid If Suicide Attempt Occurred in Same Period
Kochi: The Kerala High Court has ruled that convicting and sentencing a person under the Indian Penal Code (IPC) for other offences is illogical when they have attempted suicide during the same transaction. The Court emphasized that Section 115 of the Mental Healthcare Act, 2017 (MH Act) creates a statutory presumption. Such individuals are under severe stress unless proven otherwise, barring prosecution under the IPC. Hence, such issues are declared conviction invalid.
Case Background
The ruling came in response to an appeal filed by a 27-year-old mother who was convicted of smothering her 3¾-month-old son. She later attempted suicide by inflicting cut injuries with a blade. She had been sentenced to life imprisonment under Section 302 (punishment for murder). Additionally, six months’ simple imprisonment under Section 309 (attempt to kill oneself) of the IPC.
Court’s Rationale
A Division Bench comprising Justice Raja Vijayaraghavan V and Justice P. V. Balakrishnan highlighted that Section 115(1) of the MH Act establishes a legal presumption that individuals attempting suicide are under severe stress. The Court stated that unless the prosecution proves otherwise, such persons cannot be prosecuted for any IPC offences committed during the same transaction.
Legal Interpretation
The Court clarified that the phrase “under the said Code” in Section 115(1) of the MH Act extends beyond Section 309 IPC and applies to all IPC offences committed in the course of the same transaction. The legislature’s deliberate choice of the words “the said Code” instead of “the said provision” or “the said section” supports this interpretation.
Furthermore, the Court cited Section 115(2) of the MH Act, which mandates that the government provide care and protection to individuals under severe stress who have attempted suicide. If such individuals are convicted under the IPC, they would be deprived of the legal protections outlined in the Act.
Overriding Effect of MH Act
The Court also referred to Section 120 of the MH Act. This gives it an overriding effect over conflicting provisions in other laws. The Court reaffirmed that individuals under severe stress should receive care and rehabilitation rather than penal sanctions.
Impact of the MH Act on Trial
The Court observed that the MH Act came into force on July 7, 2018, while the trial was ongoing. The Trial Court should have refrained from proceeding with the case, considering the legal embargo under Section 115.
Verdict
The Kerala High Court set aside the appellant’s conviction and declared all proceedings against her illegal. This ruling reinforces the protection granted under the MH Act. Thus, ensuring that individuals who attempt suicide are not subjected to additional penal consequences. It may be acts committed in the same transaction unless proven otherwise.
