Liability for pure mental harm: A tricky scenario
torts bar_exam intermediate mcq_debateMehul and I were discussing a question from Law of Torts, and we couldn't agree on the answer. The question is: A person intentionally causes mental harm to another by sending a threatening letter. Does the sender incur liability for damages under the Law of Torts?
Mehul says: No, citing Section 87 of the Indian Penal Code which only provides for criminal liability for mental hurt. He argues that the Law of Torts doesn't recognize this type of harm as a tort, especially since damages for mental distress are not mentioned in the IPC.
I disagree: the issue here is not about IPC, but about tort law. Yes, the sender can be held liable under Section 43 of the Consumer Protection Act, or even under the general principle of causation and damages in tort law (Section 6 of the Torts Act). The fact that IPC doesn't specifically provide for damages is irrelevant.