The WHO estimates that 800,000 persons die by suicide each year worldwide; of these, 135,000 (17%), according to the Government of India, are Indian citizens. Has the epidemic of suicide always been, and all this time we’ve been powerless to combat it because of our ignorance?

Definition:

Section 309 of the Indian penal code declares that attempting suicide is a punishable offence, and the survivor will be punished accordingly.

It says, “Whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished, with simple imprisonment for a term which may extend to one year or with fine, or with both.”

The essential ingredients of section 309 of IPC are:
1. The person must have been unsuccessful in an attempt to commit suicide.
2. The act of attempt must be intentional and not by mistake or accident.

Section 309 of the Indian Penal Code (commonly known as the IPC) remains to be one of the most problematic provisions in the IPC due to its sarcastic tone and the absurdity it displays due to its obsolescence. Anyone who makes a suicide attempt or engages in any behavior that would be considered a suicide offense is subject to a punishment of simple imprisonment for a period not to exceed one year, a fine, or a combination of the two. Despite several attempts to decriminalize it through subsequent Law Commission conclusions and judgements of the Supreme Court and other High Courts, suicide attempt is still categorized as a crime under Section 309 of the IPC in the law book.

In P. Rathinam v. Union of India, AIR 1994 SC 1844, (1994) 3 SCC 394 the constitutional validity of 309 of the IPC was challenged on the grounds that it is violative of Article 21. The Supreme Court held that Right not to live a forced life is a part of Right to Life. Suicide is a psychiatric problem and not a manifestation of criminal instinct. What is needed to take care of suicide-prone persons are soft words and wise counseling (of a psychiatrist), and not stony dealing by a jailor following harsh treatment meted out by a heartless prosecutor.

However, this judgement was overruled by the Hon’ble Supreme Court in Gian Kaur v. State of Punjab, AIR 1996 SC 946, (1996) 2 SCC 648, the court upheld constitutional validity of Section 309 of the IPC. According to the view taken by the court, Right to Life could not be stretched to the extent of including Right to die under the ambit of article 21.

The Law Commission’s 42nd report placed more focus on prosecuting individuals who encourage suicide than on those who actually attempt it. The 210th Law Commission report had a more tolerant stance and placed more emphasis on comprehending the psychology of suicide. The significance of realizing that punishing the victim directly would be absurd and have no moral or legal justification. As a result, attempts to commit suicide have been “decriminalized” as a result of this law commission study. The Mental Healthcare Act, 2017 (also known as the MHCA) went into effect as a result, and under the purview of section 115 of the act, the government was obligated to give rehabilitation and appropriate care to people who made an attempt at suicide, in addition to the fact that they cannot be tried for or punished under this code.

But despite that, we must remember that every coin has two sides. Even though there is cause for concern regarding suicide and repealing Section 309 of the IPC seems to be the only option, there are other factors that should also be taken into account. There have been cases of people publicly threatening to kill government officials if things don’t go their way or starving themselves to death voluntarily. Without Section 309 of the IPC, how can such phony problems be handled?

The urgent need is to acknowledge the attempts made by the 210th Law Commission report, comprehend suicide as a socio-legal issue, and stop treating those who attempt suicide as the perpetrators and making matters worse by locking them up with criminals, where their mental health is sure to deteriorate further. But also making decisions based on each case’s merits and metting out punishment when it is deserved.

To quote the 210th law commission report, which gave humanity hope, “The criminal law must not act with misplaced overzeal and it is only where it can prove to be apt and effective machinery to cure the intended evil that it should come into the picture.“

For a case to be considered as an attempt to commit suicide, there are two important points :

1. The intention of dying is necessary -Doing an action that could lead to the death of the person doing it, with the intention of dying means attempting to suicide. But if someone performs an action in self-defense or with any other intention other than taking his/her own life would not come under attempting to suicide. For example- In a village, a couple had some disagreement and fought. After which the husband threatened to beat up his wife. That night, the wife tried to elope with her 6-month-old baby. But she thought that somebody was following her. Thinking it was her husband, she got scared that he would beat her up, along with her baby jumped in a nearby well, thinking she would be safe from her husband. but that step led to the death of the baby but she was saved. This case would not be a case of an attempt to suicide because she had no intention of dying, she just tried to save herself from her husband. An action if performed with the intention and purpose of death is necessary for it to be an attempt to suicide. Nonetheless, in this case, the court can hold the lady for the death of her child because, at the time of jumping into the well, the lady must and should have thought of the consequences which might lead to the death of the baby. If the lady had jumped into the good thinking to end her life but still was saved, then it would be considered as an attempt to commit suicide because she had the intent and plan of dying.
2. Action must be taken for committing suicide and not only mere preparation to do it – Only by mere thinking of committing suicide, a person cannot be held liable for the attempt of it. He has to take some action and then only he can be charged with the offence under Section 309 of IPC. Similarly, only preparing the things needed to commit suicide is not enough for it to charge as an offence. For example- a boy thinking of committing suicide, arranged the woods necessary so that he could burn himself to death. He made a pile of wood and sat in between them but did not burn fire. Before he could light the fire, police came and arrested him under Section 309. But in this case, he would not be guilty because he had not lit up the fire yet and his mind could have changed any second before actually the fire was lit.

Is IPC 309 bailable?

Yes, IPC Section 309 is bailable

Is IPC 309 a cognizable offence or a non-cognizable offence?

IPC Section 309 is a  Cognizable Offence and can be tried by any magistrate.

punishment for IPC 309

The person can be imprisoned for up to 1 year or can be asked to pay some amount of fine or both.