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Mental Health Act Frees Kerala Mother Convicted of Murder
12 Jun
Summary
- Kerala High Court acquitted a woman convicted of infanticide.
- The Mental Healthcare Act, 2017, was applied to the case.
- The woman attempted suicide during the incident in 2016.
In a significant judgment, the Kerala High Court has set aside the conviction and life sentence of a woman accused of murdering her 15-month-old infant in 2016. The High Court directed the Vigilance and Anti-Corruption Bureau to conduct a preliminary inquiry into the allegations and submit its findings within 30 days.
The acquittal was based on the provisions of the Mental Healthcare Act, 2017. This Act shields individuals from punishment under the Indian Penal Code if they attempt suicide. The woman's defense successfully argued that she was under severe mental stress when she committed the act and had also attempted suicide.
The court noted that the woman had consumed paracetamol tablets, inflicted self-harm with a sharp object, and written a suicide note, indicating profound mental distress. The High Court found that the Sessions Court should have considered the Mental Healthcare Act, which was in force when the trial began in 2021.
The prosecution's argument that the Act's presumption of stress wouldn't apply due to the acquittal under Section 309 IPC was rejected. The High Court emphasized that the focus of Section 309 is the attempt, not the fatal potential of injuries. Consequently, the woman was set at liberty.
