
Person with severe stress who is accused of attempting suicide cannot be tried, says HC
The HinduA Division Bench of the Kerala High Court has held that an accused who attempts suicide after committing a crime cannot be tried or punished not only for the offence of attempting suicide but also for any other offences committed unless it is proved that the accused is not having severe stress. The court observed that “Section 115 of the Mental Healthcare Act, 2017, creates an embargo in conducting trial and punishing a person, who has attempted to commit suicide, not only for the offence under Section 309 of Indian Penal Code 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 court observed that Section of Section 115 reminds the government of its duty to provide care, treatment, and rehabilitation to a person, who experiences severe stress and attempts to commit suicide. In other words, “it is sans logic to convict and sentence an accused under the other provisions of the IPC, when he has attempted to commit suicide during the course of same transaction and has not been proved not having severe stress,” court added.
History of this topic

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