Suicide – An offence under IPC

Suicide an act to kill oneself. We find people struggling for survival constantly. Even a single ray of hope for survival is what they hunt for despite the audacity. But then we find a few bunch of people who intentionally desire to end their lives for various reasons ranging from fear, failures, threats,stress etc. For all the above reasons one of the major impactful reason is the mental health. It is when the number of suicide attempts have multiplied we realized the importance of mental health. Mental health along with physical health is of utmost importance. When a person is mentally sound and fit it is automatically reflected in his or her physical health. It is the mind that plays the game even before we act. Peace of mind can be achieved through meditation, concentration games, yoga, playing outdoors, listening to soothing music, taking a small stroll, diving into the nature, etc. In this ever growing fast paced world its difficult to survive but no doubt all this can be achieved with patience, sheer diligence, perseverance, faith in oneself, confidence. It is when this fails people resort to the offence of suicide yes it’s an offence as laid by law makers in The Indian Penal Code, 1860.
Section 305 in The Indian Penal Code

  1. Abetment of suicide of child or insane person.—If any person under eighteen years of age, any insane person, any delir­ious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or 1[imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
    Section 306 in The Indian Penal Code
  2. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
    Section 309 in The Indian Penal Code
  3. Attempt to commit suicide.—Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 1[or with fine, or with both].
    Meaning of abetment
    Section 107 I.P.C defines abetment to mean that a person abets the doing of a thing if he firstly, instigates any person to do that thing; or secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly, intentionally aids, by any act or illegal omission, the doing of that thing.
    However in P. Rathinam v Union of India it was held that section 309 is unconstitutional. As Article 21 of the constitution grants right to live which is to be considered inclusive of right to die. It was further overruled in Gian Kaur v State of Punjab and it was stated that it’s not unconstitutional and that right to live doesn’t include right to die.
    More and more workshops shall be held to develop the sense of importance of mental health in the society.

Aishwarya Says:

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