Order of the Supreme Court of India regarding validity of section 115 of the Mental Healthcare Act 2017, 14/09/2020

  • 14/09/2020

Order of the Supreme Court of India in the matter of Red Lynx Confederation Vs Union of India dated 14/09/2020. The petitioner seeks certain directions to ensure prevention of attempts to commit suicide by persons by throwing themselves in the animal enclosures in Zoos. This act of attempt to commit suicide is an offence punishable under section 309 of the India Penal Code (IPC). However, Section 115 of the Mental Healthcare Act, 2017, which creates a presumption, has an impact on section 309 IPC.

The SC directed that notice be issued to the Attorney General for India, calling upon the Union of India to justify the validity of section 115 of the Mental Healthcare Act, 2017 which virtually negates section 309 IPC.