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Are criminal cases applicable against mentally disturbed person


06-Feb-2023 (In Criminal Law)
309 ipc is applicable on a mentally ill person ,if he commits sucide?
Answers (4)

Answer #1
654 votes
If the sucide is committed than the there is not need of any section. But if the person is mentally ill and he attempt to commit suicide than there are number of remedy avaiable to him and ask qns in detail
Answer #2
561 votes
After the coming of Mental Healthcare Bill, 2016 the attempt to suicide u/s 309 of IPC has been decriminalized and the person attempting the suicide is presumed to be mentally ill which saves him from the punishment being imposed under current laws.
Answer #3
772 votes
Dear client , there is no provision in law which provide punishment to a dead person . If a person commits suicide he will b no more . how can we give him punishment .we can give punishment to those persons who attempts to commit suicide. if any person mentally disturbed , whether he will b liable to b prosecuted under sec. 309 or nt , wil depend upon the fact that how much he was affected of mental disturbance. if he was not in a position to understand his act , he will not b prosecuted under this sec.
Answer #4
553 votes
Hello this is a technical question but to the general understanding, the person who is not mentally fit, could not be prosecuted for committing attempt to suicide as he is not able and capable for deciding of good or bad for himself.

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