In a significant judgment that reinforces the decriminalization of attempted suicide, the Kerala High Court has quashed charges against Naveed Raza, who was accused under Section 309 of the Indian Penal Code (IPC) for allegedly attempting to commit suicide by banging his head against a wall while in police custody. The court observed that such behavior, without any substantial injuries or proof of intent, does not necessarily amount to an attempt to take one’s own life, particularly in light of the Mental Healthcare Act, 2017.
Case Background
Naveed Raza, a 33-year-old resident of Thiruvananthapuram, was arrested on April 4, 2019, in connection with Crime No. 464/2019 at the Kattakada Police Station. While in custody, Raza, reportedly distressed, repeatedly banged his head against the wall. This act prompted the police to file another First Information Report (FIR), resulting in Crime No. 466/2019, accusing Raza of attempting to commit suicide under Section 309 IPC. After a final report was filed, the case was taken up as C.C. No. 623/2019 by the Judicial First Class Magistrate’s Court, Kattakada. Raza petitioned the Kerala High Court to quash the proceedings under Section 482 of the Code of Criminal Procedure (Cr.P.C).
The case, titled Naveed Raza v. State of Kerala, was argued by Advocate Mansoor B.H. and Janet Job on behalf of the petitioner, while Public Prosecutor Noushad K.A. represented the State.
Key Legal Issues
The court addressed two critical questions:
1. Whether banging one’s head on a wall could be considered an attempt to commit suicide.
2. Whether Section 309 IPC could be invoked, especially in light of the provisions of the Mental Healthcare Act, 2017.
Section 309 of the IPC, which criminalizes attempted suicide, has been a subject of intense legal debate, especially after the enactment of the Mental Healthcare Act in 2017. Section 115 of the Act creates a presumption that a person attempting suicide is under severe stress, providing immunity from prosecution unless the presumption is rebutted by the prosecution.
Court’s Observations
Justice Bechu Kurian Thomas, presiding over the case, noted that the Mental Healthcare Act has fundamentally changed the approach towards attempted suicide by placing the burden on the prosecution to prove that the accused was not under severe stress.
Quoting from the judgment, the court observed:
“The statutory presumption created by the Mental Healthcare Act establishes that a person attempting to commit suicide is under severe stress, and unless proven otherwise, such individuals cannot be prosecuted.”
The court emphasized that merely banging one’s head does not automatically indicate an intent to end one’s life. Justice Thomas elaborated that people express distress, frustration, or anger in various ways, and without physical evidence of injury or an indication of intent, it would be improper to classify Raza’s actions as an attempt to commit suicide. In the absence of any material to suggest significant injury, the court found no basis for the prosecution under Section 309.
Quoting Supreme Court Precedent
Justice Thomas also referenced a recent Supreme Court judgment (Kumar @ Shivakumar v. State of Karnataka, 2024), which highlighted the complexities of human behavior and the myriad reasons people might engage in self-harm or suicidal behavior. The Supreme Court had stated:
“The human mind is an enigma. It is well-nigh impossible to unravel the mystery of the human mind. There can be myriad reasons for a person to attempt suicide… failure to achieve academic excellence, financial difficulties, disappointment in love or marriage, so on and so forth.”
Empathy for the Mentally Distressed
The court expressed concern over the lack of sensitivity shown by the police in the case, remarking:
“Instead of providing psychological support to the petitioner, the police went ahead to implicate him in another crime, despite realizing he was in mental distress. Such behavior reflects a lack of empathy and concern.”
Justice Thomas further stressed the obligations under Section 115(2) of the Mental Healthcare Act, which mandates that the state provide care and rehabilitation for individuals in severe stress who attempt suicide, a duty which the authorities had failed to fulfill.
In light of these observations, the Kerala High Court quashed the criminal proceedings against Naveed Raza. The court underscored the need for law enforcement to handle individuals in distress with compassion and in accordance with the provisions of the Mental Healthcare Act.
Case Title: Naveed Raza v. State of Kerala
Case No.: Crl.MC No. 8305 of 2019
