September 12, 2026

Section 115 – Mental Healthcare Act: Presumption of Severe Stress in Case of Attempt to Commit Suicide

The Mental Healthcare Act, 2017 — back to Table of Contents

Section 115. Presumption of severe stress in case of attempt to commit suicide

(1) Notwithstanding anything contained in section 309 of the Indian Penal Code (45 of 1860) any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.

(2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.

Note: This is a sensitive provision decriminalising attempted suicide under the erstwhile section 309 of the Indian Penal Code, 1860. If you or someone you know is experiencing thoughts of self-harm or suicide, please reach out to a mental health professional or a helpline such as the KIRAN mental health helpline (1800-599-0019) for support.