The Kerala High Court recently observed that merely banging one's head on a wall cannot be interpreted as an attempt to commit suicide, which used to be viewed as an offence under Section 309 of the Indian Penal Code (IPC) [Naveed Raza v. State of Kerala].
Justice Bechu Kurian Thomas noted that banging one's head of on wall may not be a suicidal act, especially when the act stems from mental distress.
"Mere banging of head cannot be generally branded as an attempt to commit suicide. It is not uncommon for individuals to bang their heads as a means of expressing anger, distress, anxiety, frustration or even panic. The personality, behaviour and situations characterize such a conduct. In the absence of any external or internal injuries, it cannot be assumed that each time a person bangs his head, he is attempting to commit suicide. Of course, it depends upon the circumstances of each case," the Court said.
The Court made the observation in a case concerning a man named Naveed Raza, who while under arrest in another case, repeatedly banged his head on a pillar/ wall in a police lockup.
A new charge was filed against him for this act under Section 309 of the IPC and criminal proceedings were initiated against him.
The Court expressed anguish over the handling of the matter by the police and reminded the authorities of their duty under Section 115 of the Mental Healthcare Act, 2017 (MH Act).
This provision mandates care, treatment, and rehabilitation for severely stressed individuals who attempt suicide.
"Instead of giving psychological support to the petitioner, the police went ahead to implicate him in another crime, despite realizing that he was in mental distress. Such behavior reflects a lack of sensitivity, concern, and empathy for the fellow human, even if he is an accused ... The MH Act has, in section 115(2) specifically obliges the State Government to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide," the Court said.
In a petition to quash the case, Raza's counsel had argued that no offence was made out under Section 309 IPC, particularly in light of Section 115 of the MH Act.
Section 115 (inserted in 2017 as parts of efforts to decriminalise attempt to die by suicide) presumes that anyone attempting suicide is under severe stress and cannot be prosecuted.
However, the prosecution claimed that the presumption under Section 115 of the MH Act could be challenged and that the circumstances surrounding the act should be assessed in trial to determine if the act of banging one's head amounted to an attempt to commit suicide.
The Court opined that the burden of proof rested on the prosecution to show that a person attempting suicide is not under severe stress.
In this case, the police report acknowledged that Raza had acted due to the mental distress of being in custody. The Court, therefore, quashed the case against Raza.
The petitioner was represented by advocates Mansoor BH and Janet Job.
Public prosecutor Noushad KA appeared for the State.
[Read Order]