Illogical to Punish Person for Offences Committed During Attempted Suicide Under Mental Health Act

The Kerala High Court ruled that under Section 115 of the Mental Healthcare Act, 2017, a person attempting suicide is presumed to be under severe stress and cannot be prosecuted for IPC offences committed in the same transaction unless proven otherwise.

In this case, the Court set aside the conviction of a mother sentenced under Sections 302 and 309 IPC for smothering her child and subsequently attempting suicide. 

It held that prosecuting her violated the MH Act, which prioritises care over punishment.

The Court referred to Common Cause v. Union of India & Another (2018) and Ravinder Kumar Dhariwal & Anr v. Union of India & Others (2023) to state that a person under severe stress must be given care, treatment, and rehabilitation rather than penal sanctions.