New Delhi: What should be done to a person who has attempted suicide? He should not be punished under Section 306 of the IPC, nor should he be cared for under the Mental Health Act 115. The apex court has asked the central government to clarify the issue. Anyone who attempts to commit suicide is charged under the Indian Penal Code. If convicted, he faces up to a year in prison. But evidence of such an attempt out of deep depression shows that there is a waiver of the sentence under Section 115 of the Mental Health Act.
Even under Section 115 (2) of the Penal Code, the government will provide appropriate care and treatment for mental illness. Now there is confusion over both systems. A bench of Chief Justice of the Supreme Court Justice SA Bobade, Justice AS Bopanna and Justice V Subramanian sought the opinion of the Central Government after hearing a related case.