Chief Justice SA Bobde’s View on Suicide Attempt and Mental Health

As awareness of attempt of suicide on account of World Suicide Prevention Day on 10th September, the Supreme Court bench headed by Chief Justice of India SA Bobde made some remarks on a penal provision.

An attempt to commit suicide is a punishable offence under Section 309 of IPC. But, according to the bench, Section 115 of the Mental Healthcare Act adversely impacts Section 309 of IPC.

 Section 309 of IPC reads as follows:

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.

Section 115 of the Mental Health Care Act observed by judge: "Section 115 begins with a non-obstante provision, specifically with reference to Section 309 of the Penal Code. It mandates (unless the contrary is proved by the prosecution) that a person who attempts to commit suicide is suffering from severe stress. Such a person shall not be tried and punished under the Penal Code. Section 115 removes the element of culpability which attaches to an attempt to commit suicide under Section 309. It regards a person who attempts suicide as a victim of circumstances and not an offender, at least in the absence of proof to the contrary, the burden of which must lie on the prosecution. Section 115 marks a pronounced change in our law about how society must treat and attempt to commit suicide. It seeks to align Indian law with emerging knowledge on suicide, by treating a person who attempts suicide being need of care, treatment and rehabilitation rather than penal sanctions.

The judge observed: "Instead of the inhumane Section 309 which has remained on the statute book for over 150 years, Section 115 makes it clear that Section 309 is rendered largely ineffective, and on the contrary, instead of committing a criminal offence, any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under Section 309 of the Indian Penal Code. More importantly, the Government has an affirmative duty to provide care, treatment and rehabilitation to such a person to reduce the risk of recurrence of that person's attempt to commit suicide. This parliamentary declaration under Section 115 again is in keeping with the present constitutional values, making it clear that humane measures are to be taken by the Government in respect of a person who attempts to commit suicide instead of prosecuting him for the offence of attempt to commit suicide."

The Supreme Court appointed Sr. Adv. ANS Nadkarni as Amicus Curiae to assist the Court to justify the validity of Section 115 of the Mental Healthcare Act, 2017 which virtually negates Section 309 of Indian Penal Code. 

Written by Adv. Neethu Narayanan