The Indian Influence On Kenya's Mental Health Jurisprudence
2 days, 16 hours ago

The Indian Influence On Kenya's Mental Health Jurisprudence

Live Law  

On the 9th of January, 2025, a landmark decision in Kenyan National Commission on Human Rights v. Attorney General delivered by the High Court of Nairobi declared section 226 of the Kenyan Penal Code, which criminalised attempted suicide, as unconstitutional. As observed by Justice Rohinton Nariman in his concurring opinion in Navtej Johar v. Union of India, the “inhumane” provision was rendered largely ineffective due to section 115 of the The Mental Healthcare Act, 2017 which states that any person who attempts to commit suicide shall be presumed to have severe stress and that they shall not be tried and punished under Section 309 of the Indian Penal Code. It is also to be noted that currently, section 115 of the Mental Healthcare Act, 2017 has not been amended to replace the words “section 309 of the Indian Penal Code” occurring in it with the words “section 226 of the Bharatiya Nyaya Sanhita”. If faced with a constitutional challenge to section 226 of the BNS, the Indian courts must now also consider Justice's Mugambi's compelling critique of section 226 of the Kenyan Penal Code, as his observations on the right to equality, dignity, freedom from discrimination and access to healthcare would squarely apply to the Indian context.

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History of this topic

Person with severe stress who is accused of attempting suicide cannot be tried, says HC
1 month ago

Person with severe stress who is accused of attempting suicide cannot be tried, says HC

The Hindu  

A 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 …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
2 months ago

Disapproving marriage does not amount to abetment of suicide: Supreme Court

The Hindu  

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code. The court said even if all evidence on record, including the charge sheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. Even if the appellant expressed …

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court
2 months, 1 week ago

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court

Live Law  

The Supreme Court on Friday reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. "Section 306 IPC appears to be casually and too readily resorted to by the police," the Court said.The Court stated that the provision reminded investigating agencies and trial courts not to mechanically invoke the offence of abetment of suicide. …

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice
1 year, 6 months ago

Calcutta HC Denies Relief To Man Accused Of Abetting Minor Girl’s Suicide, Says Quashing Such Case Would Cause Miscarriage Of Justice

Live Law  

The Calcutta High Court has refused to quash criminal proceedings initiated against a man accused of abetting the suicide of a minor girl whom he was “in love” with, by allegedly inflicting physical and mental torture upon her, as well as demanding money from her. The present case has to thus proceed towards trial to be decided in accordance with …

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court
1 year, 7 months ago

To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide : Supreme Court

Live Law  

The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal Code.In this case, a chargesheet was lodged against the accused under Section 306 IPC. The Supreme Court observed that there must be evidence to substantiate the existence of suicide to attract Section 306 of the Indian Penal …

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court
2 years, 5 months ago

Abetment To Suicide - Acts Of Accused Must Be Proximate To Occurrence For Conviction Under Section 306 IPC : Supreme Court

Live Law  

The Supreme Court reiterated that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit suicide should be established for conviction under Section 306 of the Indian Penal Code.In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the …

[MP Mohan Delkar Suicide] Bombay High Court Quashes Abetment FIR Against Dadra & Nagar Haveli Administrator & 8 Others
2 years, 6 months ago

[MP Mohan Delkar Suicide] Bombay High Court Quashes Abetment FIR Against Dadra & Nagar Haveli Administrator & 8 Others

Live Law  

The Bombay High Court on Thursday quashed FIR against Dadra and Nagar Haveli Administrator Praful Khoda Patel, Collector Sandeep Kumar Singh, Police Superintendent Sharad Darade, and other authorities for allegedly abetting suicide of Mohanbhai Sanjibhai Delkar, seven times Member of Parliament of Dadra and Nagar Haveli. " His son Abhinav Delkar accused the petitioners of abetting the suicide in an …

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court
3 years, 6 months ago

Mere Quarrel On The Day Of Occurrence Does Not Attract Offence Of Abetment Of Suicide U/s 306 IPC: Supreme Court

Live Law  

The Supreme Court observed that mere quarrel on the day of occurrence cannot attract the offence of abetment of suicide under section 306 of the Indian Penal Code.The bench of Justices MR Shah and Aniruddha Bose reiterated that mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the …

Issuance Of Legal Notice And Filing Of A Complaint Case Not Abetment Of Suicide Under Indian Penal Code: Delhi High Court
3 years, 7 months ago

Issuance Of Legal Notice And Filing Of A Complaint Case Not Abetment Of Suicide Under Indian Penal Code: Delhi High Court

Live Law  

The Delhi High Court on Monday held that issuance of a legal notice and filing of a complaint case against a person is not abetment of suicide within the meaning of sec. 306 of Indian Penal Code.Observing that filing of a criminal complaint is a legal recourse as advised to a person, Justice Manoj Kumar Ohri said:"It cannot be said …

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission
4 years, 6 months ago

[Attempt To Suicide] Constitutional Validity Of Section 309 IPC And Flip Flops By Supreme Court & Law Commission

Live Law  

World Suicide Prevention Day was observed on 10th September to raise awareness against suicide. Section 115 of the Mental Healthcare Act enacted in the year 2017 provides that 'notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be …

Offence Of Abetment To Suicide (Sec 306 IPC) May Attract When Accused Played Active Role In Tarnishing Self Respect Of Deceased Victim: SC [Read Judgment]
5 years, 8 months ago

Offence Of Abetment To Suicide (Sec 306 IPC) May Attract When Accused Played Active Role In Tarnishing Self Respect Of Deceased Victim: SC [Read Judgment]

Live Law  

The Supreme Court has observed that if the accused is found to have played in an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, he can be held guilty of abetment of suicide.The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari observed thus while affirming the conviction …

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