Validity of Section 309 of IPC

987 votes

Section 309 IPC is not deleted, yet. But it depends that in the territory where the case is pending. whether state has made any amendment in the concerned section or not. Otherwise no amendment or deletion has made since now.

Advocate Bhart Virdi LawRato

884 votes

Law commission recommended. But Not deleted.
Hon’ble Supreme Court of India through its landmark judgment in Gian Kaur v. State of Punjab.

In this case, the Hon’ble Supreme Court of India held that Article 21 cannot be construed to include within it, the ‘right to die’ as a part of the fundamental right guaranteed therein, and therefore, section 309, I.P.C. cannot be considered as violative of Article 21.

Advocate Kuldeep Singh LawRato

752 votes

Dear client , the answer of your query is simply 'no". However the validity of sec .309 has already been challenged on the ground that it is voilative of art. 14 & 21 of constitution .however supreme court has already decided that it is constitutional .

Advocate Sukhbeer Singh Ghai LawRato