IPC Section 309 imposes potential jail time and/or penalties on people who attempt suicide, a behaviour that is frequently viewed as a desperate move by persons who are going through a lot of mental pain.
There are significant disparities between the proposed Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) of 1860, particularly with regard to IPC Section 309, which punishes attempted suicide. This clause has long been criticised, and a law passed in 2018 basically rendered it ineffective. It is still a part of the IPC despite this and is subject to abuse.
What is entailed under IPC Section 309?
Individuals who attempt suicide are subject to penalty under IPC Section 309, which may include imprisonment and/or a fine. Suicidal attempts are often made by people who are extremely depressed. According to the law, “Anyone who attempts suicide or commits any act that contributes to the commission of such an offence shall be punished with simple imprisonment for a term that may not exceed one year or with fine, or with both.”
This law’s creation during British control in the 19th century reflected the attitudes of the time, when self-harm or suicide was seen as a crime against the state and against religion.
The Law Commission proposed that IPC Section 309 be repealed in 1971.
According to the Law Commission’s 210th Report from 2008, those who attempt suicide should receive medical and psychological assistance as opposed to being punished.
The Supreme Court advised Parliament to remove Section 309 from the IPC in 2011.
The Mental Healthcare Bill (MHCA) of 2017, passed in 2018, resulted in tangible reforms. By redefining Section 309 IPC, this legislation now only permits the punishment of attempted suicide in extreme circumstances.
A person who attempts suicide is believed to be under extreme stress, unless proven otherwise, and is consequently free from trial and punishment under Section 309 IPC, according to Section 115 (1) of the MHCA.
In order to prevent recurrence, Section 115 (2) emphasises the “appropriate government’s” obligation to give treatment and rehabilitation to people who have tried suicide and are under a lot of stress.
The MHCA’s regulations, meanwhile, didn’t completely prevent abuse. Even after the MHCA went into effect, there have been cases of people being charged under Section 309 of the IPC.
As a result, even if BNS repeals Section 309, it also adds a new provision that makes attempted suicide punishable if it is done to stop a public worker from acting, such as when a demonstrator self-immolates to avoid police intervention.
In Sections 105 and 106 of BNS, suicide aid is also included.
Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which seeks to replace the Code of Criminal Procedure, deals with police probes into suicides and include rules relating suicide.
Criminal process for instances involving people with mental illness is outlined in Sections 367–369 of the Code.
Although Section 309 appears to be deleted from the Bharatiya Nyaya Sanhita (BNS), it still contains clauses that, in some situations, make suicide attempts illegal.
In conclusion, the changing legal landscape attempts to strike a balance between deterrent and help for those in need as it navigates the difficult terrain of suicide and mental health.
