Forensic Medicine · Forensic Psychiatry

Under the Mental Healthcare Act 2017, a person who attempts suicide is presumed, unless proved otherwise, to be:

  • A Suffering from severe stress and shall not be tried or punished
  • B Of unsound mind and requiring compulsory admission
  • C Guilty of an attempt to commit culpable homicide
  • D Liable only to a fine
Correct answer: A. Suffering from severe stress and shall not be tried or punished

Explanation

Section 115 of the Mental Healthcare Act 2017 presumes severe stress in any person who attempts suicide, so such a person shall not be tried or punished under the erstwhile Section 309 IPC. The government has a duty to provide care and treatment. Option B is tempting because the Act deals with admissions, but Section 115 creates a presumption of stress and decriminalisation, not automatic compulsory admission.

Reference: The Mental Healthcare Act, 2017 (Government of India), Statute ed.

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