HC on Suicide: Person Attempting To Die by Suicide Cannot Be Penalised in View of the Provisions of Mental Healthcare Act, Says Bombay High Court

The division bench of Justices Vibha Kankanwadi and Vrushali Joshi also quashed a First Information Report (FIR) lodged against the woman, Shital Bhagat, at the Lakhandur Police Station at Bhandara, under section 309 of the Indian Penal Code (IPC). The state's top court also referred to the provisions of the Mental Healthcare Act and said that a person who tries to commit suicide, enjoys a statutory presumption about mental stress.

Bombay High Court (Photo Credit: Wikimedia Commons)

The Nagpur bench of the Bombay High Court recently came to the aid of a woman constable, who was booked for committing suicide. The high court granted the woman constable relief after noting that she took the extreme step under stress and thus her act is exempted from action owing to provisions of the Mental Healthcare Act, 2017. The division bench of Justices Vibha Kankanwadi and Vrushali Joshi also quashed a First Information Report (FIR) lodged against the woman, Shital Bhagat, at the Lakhandur Police Station at Bhandara, under section 309 of the Indian Penal Code (IPC). The state's top court also referred to the provisions of the Mental Healthcare Act and said that a person who tries to commit suicide, enjoys a statutory presumption about mental stress and having regard to such presumption, he or she has been excluded from putting on trial. Sperm or Egg Donor Has No Legal Right on Child, Can’t Claim To Be Biological Parent, Says Bombay High Court.

HC Quahes FIR Registered Against Woman Constable

Suicide Prevention and Mental Health Helpline Numbers:

Tele Manas (Ministry of Health) – 14416 or 1800 891 4416; NIMHANS – + 91 80 26995000 /5100 /5200 /5300 /5400; Peak Mind – 080-456 87786; Vandrevala Foundation – 9999 666 555; Arpita Suicide Prevention Helpline – 080-23655557; iCALL – 022-25521111 and 9152987821; COOJ Mental Health Foundation (COOJ) – 0832-2252525.

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