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SECTION 309 IPC - Indian Penal Code - Attempt to commit suicide
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
IPC 309 in Simple Words
Section 309 of the Indian Penal Code states that anyone who attempts to commit suicide and takes any action towards it can be punished with simple imprisonment for up to one year, or a fine, or both.
Cited by
| Offence | Punishment | Cognizance | Bail | Triable |
|---|---|---|---|---|
| Attempt to commit suicide | Simple Imprisonment for 1 Year or Fine or Both | Cognizable | Bailable | Any Magistrate |
Offence : Attempt to commit suicide
Punishment : Simple Imprisonment for 1 Year or Fine or Both
Cognizance : Cognizable
Bail : Bailable
Triable : Any Magistrate
The Indian Penal Code Section 309 clearly states: Anyone who attempts suicide or commits any act that contributes to the commission of this offence shall be punished by simple imprisonment of up to one year, or by fine or both.
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Frequently Asked Questions
Is Section 309 IPC repealed?
The Mental Health Care Act doesn't repeal Section 309 (Indian Penal Code), but it does provide a presumption that mental illness exists.
What is Law Commission report on Section 309 IPC?
Law Commission Report on the Decriminalisation and Attempt at Suicide. In its 210th report, the Law Commission of India found that Section 309 of IPC is inhuman. The report said that attempting suicide was a sign of a "diseased mental condition". It was a condition that needed to be treated and not punished.
In which case did the Supreme Court hold Section 309 of the Indian Penal Code as unconstitutional?
Rathinam v Union of India (1996). The Court, in a challenge to Section 309 (Indian Penal Code)'s constitutional validity, drew parallels with other fundamental rights. Article 19 of the Constitution grants the right to freedom to speech, which includes both the right to speak and the right not to speak.
