Mental Healthcare Act 2017 Archives

‘Courts cannot be mute spectators’; Bombay HC by virtue of Clause XVII of Letters Patent, appoints two daughters as legal guardian of their bedridden father, who suffered severe brain injury

Under Clause XVII of the Letters Patent, this Court has power and authority with respect to the person and estate of infants, idiots, and lunatics within the Bombay Presidency.

Case Briefs High Courts

‘Ought to have complied with Section 115 of Mental Healthcare Act’; Kerala HC sets aside conviction of a mother who killed her infant son and then attempted suicide

On literal interpretation of Section 115(1) of Mental Healthcare Act, 2017, it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under Penal Code, 1860.

Case Briefs High Courts

‘S.115(1) of Mental Healthcare Act overrides S.309 IPC’; Bombay HC quashes FIR u/s 309 IPC against woman who attempted to commit suicide under stress

Section 115 of the Mental Healthcare Act, 2017 stated that a person who tried to commit suicide, enjoyed a statutory presumption about mental stress and having regard to such presumption, is excluded from being put on trial.

Case Briefs High Courts

Determination of ‘mental illness’ as per S. 105 of the Mental Healthcare, 2017 cannot be prejudicial to interest of any party: Delhi High Court

“The Mental Healthcare Act, 2017 is a special Act and by virtue of Section 120 of the said Act, the same has been given an overriding effect with respect to any other law for the time being in force.”

Op Eds OP. ED.

Guardian for the Material Affairs of an Adult

by Shrinivas Deshmukh†