Nainshi Srivastava, Criminal Law, DSMNRU, 2015

Dr. SHAKUNTALA MISRA NATIONAL REHABILITATION

UNIVERSITY
LUCKNOW

A RESEARCH PROJECT ON
TOPIC
(UNDER THE SUPERVISION OF )

AN ASSIGNMENT FOR CRIMINAL LAW

SUBMITTED TO:

SUBMITTED BY:

Ms. Mrinalini singh

utkarsh mishra

Assistant Professor,

Roll No: 63

DSMNRU, Lucknow

L.L.B. 2nd Year

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WORKING BIBLIOGRAPHY

www.mentalhealthdaily.com
The objective of the assignment is given on this website.
www.zeenews.india.com 2014
The date of modification for the law of attempt to commit suicide is given on this
website
K.D. Gaur, Textbook on Indian Penal Code, fifth edn, p 597

The explanation to Attempt to suicide is taken from this book.

Emperor v. Mst. Multu, AIR 1919 All 367
This is the case related to the attempt to commit suicide. If the person commits suicide he will be liable
for the attempt to suicide.
AIR 1994 SC 1844, (1994) 3 SCC 394

This is the case in which declaring it an irrational provision and violative of Art.21 of the
Constitution.
AIR 1996 SC 946, (1996) 2 SCC 648

the case of Gain Kaur v State of Punjab, 1 the struck down constitutionality of the
section 309 was upheld again as in Gain Kaur a Constitutional Bench of the Supreme
Court indicated that this section does not violates Art.14, 19 and 21 of the Constitution.
Bahadur, Sapur Tej, Indian Penal Code, p 258

Ram Sundar Dubey v. State AIR 1962 All 262

Bharti Jain, Government decriminalizes attempt to commit suicide, removes section 309,December
10, 2014.

1985 CriLJ 931

AIR 1996 SC 946, (1996) 2 SCC 648

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TABLE OF CONTENTS
1. INTRODUCTIONPage 3
2. OBJECTIVE.Page 4
3. MAJOR POINTS:

Is suicide a crime?.................................................................................Page 5

Is committing suicide against the law?..................................................Page 6

Is it illegal to commit suicide in INDIA?..............................................Page 7

4. DEBATEPage 7
5. CASE LAWS.
6. BIBLIOGRAPHY.
7. CONCLUCTION.

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INTRODUCTION
This topic is so wide that the debate on this topic is still having not stopped. In India
there was many times at which a step for removing this section from IPC was up to be
taken. But till now it is yet to be decided that giving punishment to such a person who
himself wants to die is correct or not. Critics of law always raised the point against the
step of removing the section from IPC that, if this section is been removed then
investigation in such types of cases is unfinished. It is not always possible that the thing
is as it is as we see it. Same is the situation while investigation in a suicide case, we see
it is suicide but at the end of the investigation in many cases it is seen that it was a
murder and not suicide. So as per the critics the person died gets justice and removing
this section from IPC will take them away from getting success.
Another critics who were with the step of removing this section from IPC says that a
person doing suicide means he might be in a difficult situation in which he is so much
troubled and by giving punishment to such a person we only doubles his or her troubles.
Because an individual attempts suicide may be doing so because of some adverse
situation of his or her life. And it is very cruel to inflict additional legal punishment on
such person.

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OBJECTIVE
Criminal law is said to be a body of law which is applied to any criminal act. This law is
applied at the time when an individual fails to follow a criminal statute or an act done
by any person becomes criminal because of not following the law as it is. The penalty
for not following a criminal statute is forfeiture of ones rights and giving them
imprisonment.
Relating criminal law with section 309 we can say as there is this section, section 309
which clearly says that 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 both), and this covered under IPC which
is a criminal statute. So attempting or acting towards its commission is directly a crime
and any person found guilty of this offence will be punished under IPC.2

Available at http://www.mentalhealthdaily.com(19/11/2015)
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MAJOR POINTS
Under this head there are three questions or points on which the debate on
constitutionality of section 309 is mainly raised. These major points will help to
understand the topic well to an extent and will also help to know how suicide is a crime
where a person kills himself or herself because of the troubles faced by them in their
personal life which they are helpless to handle. So here are the major points:
Is suicide a crime?
Suicide is and is not a crime in many countries but to have some discussion on this point
here are the perceptive of some countries for is suicide a crime in there or not
United States: In past, laws regarding suicide were there in many states and were
considered to be a felony or a serious crime but these kinds of laws were rarely
enforced. During the 1980s there were no laws relating to suicide within the states of
US only assisted suicide is said to be a serious crime. Presently there are laws in US
regarding suicide. In some cases suicide is said to as a common law crime till the time
the victim is proved to be of unsound mind. Most of the cases of suicide in US are to
take place under supervision of jail or hospitals. These suicide which are assisted by the
physicians are no crime in Oregon and Washington. This is on a condition that the
victim should have not left more that 6 months of his life, he has to request vocally and
on paper, there must be other physicians for a proof, the victim should be of sound mind
and after wait of 16 days there must be another request. With these conditions fulfilled a
physician- assisted suicide will not treated as a crime.
Australia: In the state of Victoria, committing suicide is not considered to be a crime
but assisted suicide is a crime. If the person committing suicide survives and is left alive
then he/she is charged for manslaughter. Aiding and abetting any person for committing
suicide is a crime. There is also a rule, for saving a person from committing suicide the
other person can use any means, help and whatever force deemed to be necessary for
preventing the life of that person committing suicide.

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Canada: In 1972, the act the suicide was removed for being a criminal act. In 1993
only assisted suicide was declared as a crime. Any person instigating other for
committing suicide was liable to pay a penalty amount set by the law. Any person found
aiding suicide seems to be doing an indictable offence and he/she will be liable for
imprisonment not exceeding fourteen year. After the controversy for the ban on
physician-assisted suicide in 2014 it got legal only in the province of Quebec.
India: In India attempt to commit suicide is punishable and the punishment regarding
this attempt is imprisonment up to 1 year and some amount of fine. As compared to
other countries the average rate of committing suicide in India is high and for this cause
many citizens are pushing for some changes in the legislation. To a result of the struggle
of the citizens this law of attempt to suicide has been struck down by doing several
modifications in suicidal laws on December 10th 2014 but only 18 states and 4 union
territories have supported this decision of deleting this section. Now doing suicide is no
longer a criminal act in India as well.
Ireland: In this country attempt to suicide is not considered to be as a criminal action.
Under Irish legislation any kind of self-harm done by a citizen is not said to be or
considered a suicide attempt. The word suicide was revoked by the law from its illegal
status in country in 1993. Here in this country also assisted suicide is illegal but
euthanasia i.e. physician-assisted suicide is also a crime.3
Is committing suicide against the law?
Taking the reference of the above four countries it is clearly seen that doing suicide is
not a crime any where except in India but as per the modification in suicidal laws on
December 10th 2014 attempt to suicide is no longer a crime in India as well assisting
suicide and euthanasia is a crime and in some countries euthanasia is also not a crime.
Many countries are fighting for making of law for suicide and for removing suicide for
being a criminal act. This debate has been for years and is still going on that should
suicide being a criminal act is to be enforced or not. There are many countries where
harming ones self is not said to be as suicide and has no laws regarding committing
3

Available at http://www.oneindia.com(19/11/2015)
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suicide and if had, they were earlier removed or revoked. As it can be presently seen
there are not many countries that have laws against suicide. Countries having any law
related to suicide then that are only for assisting suicide or euthanasia and not for
committing it. In country like Japan committing suicide is illegal but no punishment is
prescribed for this. In country like North Korea the person committed suicide cannot be
punished so his/her families are panelised. Aiding and abetting suicide is punishable in
many countries in the form of imprisonment in Canada for fourteen years, in Romania
ten years, in Russia five years and five years in Switzerland.
Is committing suicide illegal in India?
As per the old law i.e. section 309 of IPC attempt to commit suicide was a crime but as
per the modification of the suicidal law on December 10th 2014 this section of attempt to
suicide is been struck down and thus according to the new attempt to suicide is no
longer a crime in India. As per the old law any person committing suicide found was
punishable under section 309 of IPC and liable for one year imprisonment and a fine.4
Attempt to commit suicide: While following the code we can say suicide is no crime
because there is no law or punishment prescribed under the code for suicide. The only
law related to suicide is to give an attempt to it. In other words, if a person is
committing suicide and he gets successful in it then no punishment will be provided to
him but in any case if he fails after the attempt then he will be liable for one year
imprisonment with a fine. This section conveys the message to us that the life of the
person is not only important to but also to the State which protects it. The State is under
an obligation to prevent persons from taking their lives as it prevents them from taking
other persons life.
An attempt under this section 309, IPC leads towards an act which can be said to be as
the commission of suicide, like if a person shoots, drowns, cuts, hangs, or poisons
oneself.5

E.g. if A is a person, who tries to commit a suicide with the help of a knife and hurts
himself then here he is said to be guilty of committing suicide. In this case two
4

Available at http:// www.zeenews.india.com(19/11/2015)

K.D. Gaur, Textbook on Indian Penal Code, fifth edn, p 597

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situations are there if he dies then he will not be liable for any kind of punishment or
penalty, but if he gets rescued of survives then he will be liable for the punishment as
well as the penalty.6
Constitutional validity of Section 309: The constitutional validity of this section 309
was initially struck down in the case of P Rathinam v Union of India7 by declaring it an
irrational provision and violative of Art.21 of the Constitution. After passing the
judgement on the case of Gain Kaur v State of Punjab,8 the struck down
constitutionality of the section 309 was upheld again as in Gain Kaur a Constitutional
Bench of the Supreme Court indicated that this section does not violates Art.14, 19 and
21 of the Constitution.
Attempt must be intentional: Suicide is an intentional self-harm, the person killing
oneself is aware of what is being done and is of fully sound mind. Thus, if a person
takes overdose of some medicine by mistake and causes any self-harm then he is not
said to be guilty for any attempt to suicide, as the person did not voluntarily takes the
overdose and his intension was not to harm oneself. Similarly, if a person who has lost
someone very close or a near and dear relation and in this state if he decides to take his
own life then in this case also he will not be held liable for attempt to suicide. Such kind
of a person needs to be consoled and sympathised instead of punishment.9
Can hunger strike be an attempt to suicide? Hunger strike is very common scenario
in India. In India these hunger strikes are done to pressurise some authority for the
improvement and advancement in the society, no person in such kind of hunger strikes
sits with an intention to kill oneself. As doing suicide is an intentional offence hence,
here the term intentional offence is missing as the person on the hunger strike is just in
that situation till the authority listens and accepts their conditions. Thus, only in a case
where a person is intentionally not eating or drinking anything and denying to have all
those things which can provide nutrition to the body and because of this reaches to a

Emperor v. Mst. Multu, AIR 1919 All 367

AIR 1994 SC 1844, (1994) 3 SCC 394
8
AIR 1996 SC 946, (1996) 2 SCC 648
9
Bahadur, Sapur Tej, Indian Penal Code, p 258
7

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stage where he is with a view to kill oneself, he is said to attempting suicide and can be
held guilty for the offence.10
Deletion of Section 309 from IPC:
The first indication of the governments intention to delete Section 309 of the IPC had
come in August last year. In reply to a Parliament question on August 5, 2014, minister
of state for home Kiren Rijiju had indicated that the government was working on
implementing the recommendations of the Law Commission to decriminalize attempt to
suicide. The Ministry of Home Affairs is in the process of effacing section 309 of the
Indian Penal Code, as recommended by the Law Commission in its 210 th Report along
with amendment of certain other sections of the Code of Criminal Procedure/Indian
Penal Code in consultation with all the stakeholders, he had stated.
However, now that the consultations with the states and UTs have found a majority of
them favouring the recommendation, the Centre has decided to bring a bill to amend the
IPC.11

10

Ram Sundar Dubey v. State AIR 1962 All 262

11

Bharti Jain, Government decriminalizes attempt to commit suicide, removes section 309,December
10, 2014.

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DEBATE
The major points which are being raised on the topic debate on the constitutionality of
section 309 are proved to an extent. And taken reference of some countries this is clear
that there is no law for committing or attempting suicide. Countries having laws for
suicide have removed them in the very 1972-73 and others which were carrying this law
like India has removed it last year i.e. December 10 th 2014. As studying laws regarding
suicide of different countries the common thing which noticed is that none of the
countries are having laws for suicide but importantly having laws for assessment in
committing suicide and physician-assisting suicide. There are some countries where
punishment for assessment is imprisonment for ten, fourteen and five years but no
punishment for euthanasia.
While concentrating on India it is to be seen that the law regarding suicide which was
carried on for years in the name of section 309 of IPC is now modified and has been
removed from IPC but not all only 18 states and 4 union territories supported this
decision of the government. Presently as seen there is no law in India regarding
commission or attempt to suicide. In India suicide is no longer a crime and no
punishment is there regarding it.
The debate which is going on for years is seemed to be settled down as the
constitutionally cant be implemented on a removed or modified section. The points
raised clearly settles the debate as if the section is been removed from IPC then there
remains no point to debate for the constitutionally of the section. But the part which is
still concerned with the section does let the debate to end easily. More is to be said and
heard. The debate is still on the result is awaited.

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CASE LAWS
State v. Sanjay Kumar Bhatia12, a case under section 309, IPC:
A young man has allegedly tried to commit suicide presumably because of over
emotionalism. It is ironic that Section 309 I.P.C. still continues to be on our Penal Code.
The result is that a young boy driven to such frustration so as to seek ones own life
would have escaped human punishment if he had succeeded but is to be hounded by the
police, because attempt has failed. Strange paradox that in the age of votaries of
Euthanasia, suicide should be criminally punishable. Instead of the society hanging its
head in shame that there should be such social strains that a young man (the hope of
tomorrow) should be driven to suicide compounds its inadequacy by treating the boy as
a criminal. Instead of sending the young boy to psychiatric clinic it gleefully sends him
to mingle with criminals, as if trying its best to see that in future he does fall foul of the
punitive sections of the Penal Code. The continuance of Section 309 I.P.C. is an
anachronism unworthy of a human society like ours. Medical clinics for such social
misfits certainly but police and prisons never. The very idea is revolting. This concept
seeks to meet the challenge of social strains of modern urban and competitive economy
by ruthless suppression of mere symptoms this attempt can only result in failure. Need
is for humane, civilized and socially oriented outlook and penology. Many penal
offences are the offshoots of an unjust society and socially decadent outlook of love
between young people being frustrated by false consideration of code, community or
social pretensions. No wonder so long as society refuses to face this reality its coercive
machinery will invoke the provision like Section 309 I.P.C. which has no justification
right to continue remain on the statute book.

12

1985 CriLJ 931

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CONCLUSION
The topic assigned is Debate on constitutionality of Section 309. The assignment
made is an effort to justify the debate which is not only in this era going on but is also
carried on from several years. To give it (debate) a break government of India took a
decision of deleting this section 309 from IPC. After this decision only 18 states and 4
union territories gave their consent to the decision rest were silent n does not approve
the decision.
As some part of India is still concerned with the law related to attempt to suicide hence,
this suggests that the debate for the constitutionality of section 309 is not end yet and is
followed on, result of this debate is yet to come.

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BIBLIOGRAPHY

www.mentalhealthdaily.com
www.oneindia.com
www.zeenews.india.com
K.D. Gaur, Textbook on Indian Penal Code, fifth edn, p 597
Emperor v. Mst. Multu, AIR 1919 All 367
AIR 1994 SC 1844, (1994) 3 SCC 394

.
AIR 1996 SC 946, (1996) 2 SCC 648
Bahadur, Sapur Tej, Indian Penal Code, p 258

Ram Sundar Dubey v. State AIR 1962 All 262

Bharti Jain, Government decriminalizes attempt to commit suicide, removes section 309,December
10, 2014.

1985 CriLJ 931

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