Section 309 of the IPC continues to exist in the statute book and is often misused

One of the most archaic laws that punishes attempts to commit suicide, Section 309 of the Indian Penal Code (IPC), contrary to popular perception that it has been repealed, continues to exist in the statute book and, as reports suggest, is often misused.

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Key-Points

Anyone who survives an attempted suicide can be booked under Section 309 IPC, which deals with “Attempt to commit suicide” can be booked under Section 309 IPC.

The section reads: “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)”.

In 2008, the Law Commission in its 210th report said that an attempt to suicide needed medical and psychiatric care, and not punishment. In 2011, the Supreme Court too recommended to Parliament that it should consider the feasibility of deleting the section.

Section 115(1) of The MHCA says: “Notwithstanding anything contained in section 309 of the Indian Penal Code 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.”

Section 115(2) says that “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.”