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“Section 115 of the Mental Healthcare Act, 2017 raises a statutory presumption that any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under the Penal Code, 1860.”
“In an organisation like CRPF, which is India’s largest paramilitary Force, a member with a mental condition cannot be expected to perform his duties with utmost commitment and discipline.”
The Court passed no further orders considering the information provided in the Status Report and the measures taken by the authorities concerned towards the implementation of the Mental Healthcare Act, 2017.
“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.”
by Aditi Sharma† and Vatsal Singh††
Cite as: 2023 SCC OnLine Blog Exp 37
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