The court sets aside conviction citing statutory presumption of severe stress under the Mental Healthcare Act, 2017.
In a landmark judgment, the Kerala High Court has acquitted a woman previously convicted of murdering her 15-month-old child and attempting suicide, on the grounds of statutory presumption of severe stress under the Mental Healthcare Act, 2017. The Division Bench of Justices Raja Vijayaraghavan V. and K.V. Jayakumar, delivering the judgment on June 8, 2026, highlighted the trial court's failure to consider the presumption of severe stress mandated by Section 115 of the Mental Healthcare Act.
The appellant, represented by Advocate Sri. Gigimon Issac, was earlier convicted by the Special Court under the POCSO Act and Children's Act Cases, Thodupuzha, for smothering her child and subsequently trying to end her own life through an overdose of Paracetamol and self-inflicted injuries. The trial court sentenced her to life imprisonment under Section 302 of the Indian Penal Code (IPC), but acquitted her of charges under Section 309 (attempt to commit suicide) following prosecution concessions.
The high court's judgment emphasized the overriding effect of the Mental Healthcare Act, which mandates a presumption of severe stress for individuals attempting suicide, unless proven otherwise. This presumption, as per the court, should prevent the individual from being tried or punished under the IPC for related offences. The court criticized the trial court for not applying this statutory presumption, noting that the appellant's alleged suicide attempt underscored her mental distress.
The judgment referenced significant Supreme Court cases, including Common Cause v. Union of India and Navtej Singh Johar v. Union of India, affirming the paradigm shift in handling suicide attempts from penal consequences to rehabilitation and care. The court underscored that the statutory presumption of severe stress should extend beyond Section 309 IPC to other offences within the same transaction, highlighting the legislative intent to prioritize mental health care and rehabilitation.
Ultimately, the Kerala High Court set aside the appellant's conviction and ordered her release, reinforcing the Mental Healthcare Act's priority over conflicting legal provisions. This judgment is expected to have far-reaching implications for similar cases, aligning judicial decisions with contemporary mental health considerations.
Bottom Line:
Mental Healthcare Act, 2017 - Applicability of Section 115 - Presumption of severe stress in case of attempt to commit suicide - Statutory presumption under Section 115(1) must be considered during trial, and such a person cannot be tried or punished for offences under the IPC unless the presumption of severe stress is rebutted.
Statutory provision(s): Indian Penal Code Sections 302, 309; Mental Healthcare Act, 2017 Sections 115, 120.
XXXXXXXXXX v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2919138
