Supreme Court to examine incongruity in penal law on suicide, Mental Health Act

The Supreme Court on Friday asked the Union government how it would justify a provision of the Mental Health Act, which presumed a person trying to end life as one under severe stress in need of rehabilitation, with Section 309 of IPC, making suicide a punishable offence.

The top court issued a notice to the Attorney General, asking for a response from the Union government to justify the validity of a provision in the Mental Health Act, which virtually negated offence of attempt to end life by suicide.

A bench presided over by Chief Justice S A Bobde, decided to examine the incongruity in provisions of the Indian Penal Code and the Mental Health Act.

Section 115 of the Mental Healthcare Act, 2017 created a presumption of "severe stress in case of attempt to suicide", enjoining the government to "provide care, treatment and rehabilitation to such a person".

However, an act of attempt to suicide is an offence under Section 309 of the India Penal Code, punishable up to one-year imprisonment with or without fine.

"We find that Section 115 of the Mental Healthcare Act, 2017, which creates a presumption, has an impact on section 309 IPC," the bench, also comprising Justices A S Bopanna and V Ramasubramanian, said.

The court decided to tag the matter along with a pending petition challenging the validity of Section 309 of the IPC and appointed senior advocate A N S Nadkarni as amicus curiae to assist it in the matter.

The court happened to consider the larger issue after animal rights activist Sangeeta Dogra, appearing for NGO, Red Lynx Confederation, sought directions to ensure prevention of attempts to suicide by persons by throwing themselves in the animal enclosures in Zoos.

She showed a picture of an elephant, who has been bound because someone jumped into the enclosure.