TW: Mentions of death by suicide
In a significant ruling pertaining to mental health, the Kerala High Court, on February 21, set aside the life imprisonment of a young woman accused of suffocating her infant to death. Citing the Mental Healthcare Act of 2017, the HC said that any person who attempts suicide should be considered to have severe stress and be regarded “as a victim of circumstances and not an offender, in the absence of proof to the contrary”.
A two-judge bench, comprising Justices Raja Vijayaraghavan V and PV Balakrishnan, was hearing an appeal filed by a 27-year-old woman convicted by an Additional Sessions Court in Thrissur district for smothering her three-and-three-quarters-month-old son in 2010. After this, the woman attempted death by suicide.
Setting aside the trial court’s conviction, the HC bench observed that it is illogical to convict and sentence a person who has attempted suicide in the course of the chain of events related to their alleged crime.
This is because of the legal presumption that any person who tries to end their own life would be under severe mental stress unless proven otherwise, and such an individual needs opportunities for healing and rehabilitation, rather than punishment.
The HC relied on Section 115 of the Mental Healthcare Act of 2017, a provision brought to decriminalise attempted suicide and help rehabilitate such persons. The Act also aims to protect the rights of people with mental health challenges and ensure healthcare without discrimination from the government.
Section 115 of the Act reads thus: “Notwithstanding anything contained in Section 309 (attempt to commit suicide) of the Indian Penal Code (IPC), 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.”
In the trial court, public prosecutor Neema TV contended that the woman had committed offences under Sections 302 (murder) and 309 (attempted suicide) of the IPC. She argued that the woman was alone with her child when the offence was committed, and hence it is her burden to prove what happened to the child and how she sustained injuries. The prosecutor also said that the exemption in Section 115 is limited to attempted suicide and does not bar the conviction of an accused for other offences including murder.
In the HC, the accused’s counsel advocate KV Sabu argued that the prosecution had not proved the woman’s motive for murder beyond doubt. He also highlighted that the protection from conviction under Section 115 of the Mental Healthcare Act extends to any act that arises from the mental stress that pushes an individual to attempt death by suicide.
Agreeing with this, the HC said that the Mental Healthcare Act is a comprehensive, beneficial legislation that seeks to ensure the rehabilitation and welfare of those battling severe emotional challenges. “In other words, we may say that Section 115(1) of the Act creates an embargo in conducting trial and punishing a person who has attempted to commit suicide, not only for the offence under Section 309 IPC but also for any other offences under IPC committed in the course of the same transaction, unless it is proved that the person accused is not having severe stress,” the HC order read.
The HC also noted that the woman’s trial was ongoing in 2018 when the Mental Healthcare Act came into effect. “The trial court ought to have, in compliance with Section 115, desisted from proceeding with the trial of the case and pronouncing the judgement. It is to be noted that, in the present case, admittedly no material has been adduced to show that the accused is not having severe stress,” the court’s order stated.
Further, the HC also commented on the nature of the Mental Healthcare Act, reaffirming that the state must protect those undergoing intense mental stress and empower them with treatment and care. The bench added that Section 120 of the Mental Healthcare Act makes it clear that the Act will take precedence over any other law that may be inconsistent with it.
The Bharathiya Nayaya Sanhita (BNS), which replaced the IPC in 2024, also decriminalises attempted death by suicide. However, Section 226 of the BNS says that suicide is punishable if intended to compel or restrain any public servant from discharging their duty.
If you are aware of anyone facing mental health issues or feeling suicidal, please provide help. Here are some helpline numbers of suicide-prevention organisations that can offer emotional support to individuals and families.
Tamil Nadu
State Health Department's suicide helpline: 104
Sneha Suicide Prevention Centre - 044-24640050 (listed as the sole suicide prevention helpline in Tamil Nadu)
Andhra Pradesh
Life Suicide Prevention: 78930 78930
Roshni: 9166202000, 9127848584
Karnataka
Sahai (24-hour): 080 65000111, 080 65000222
Kerala
Maithri: 0484 2540530
Chaithram: 0484 2361161
Both are 24-hour helpline numbers.
Telangana
State government's suicide prevention (tollfree): 104
Roshni: 040 66202000, 6620200
SEVA: 09441778290, 040 27504682 (between 9 am and 7 pm
Aasara offers support to individuals and families during an emotional crisis, for those dealing with mental health issues and suicidal ideation, and to those undergoing trauma after the suicide of a loved one.
24x7 Helpline: 9820466726
Click here for working helplines across India.