Section 309 of IPC, Attempt to Commit Suicide: Know More

309. Attempt to commit suicide.—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].

Section 309 of the Indian Penal Code is set to be limited in effect by the Mental Health Care Bill, 2013. The Mental Health Care Bill was introduced to the Rajya Sabha on August 19, 2013 and provides, in Section124, that "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 be suffering from mental illness at the time of attempting sucide and shall not be liable to punishment under the said section." It also provides that the Government shall have the duty to provide medical care to any such person attempting suicide. The Bill, therefore, does not repeal Section 309 of the Indian Penal Code, but merely provides the presumption of mental illness.

The bill was referred by the Rajya Sabha to a Standing Committee on September 18, 2013, which submitted a report on 20 November 2013. In its report, the Standing Committee had three concerns on this provision: firstly, that the presumption of mental illness would subject persons to 'mental health treatment', secondly, concerns about the consequences on Section 306 of the Penal Code, which concerns abetment to suicide, and thirdly, concerns regarding the "institutionalization in silencing victims of domestic violence." In response, the Ministry proposed amendments which would change the language of this provision to one concerning the "presumption of severe stress in case of attempt to commit suicide". The Committee accepted this recommendation, noting that there was still ambiguity regarding the stage at which this presumption would operate.

In response to a question by Vivek Gupta in the Rajya Sabha on decriminalisation of suicide on 10 December 2014, the Minister of State for Home Affairs, Haribhai Chaudhary replied that "it has been decided to delete Section 309 of IPC from the Statute book.".[7] However, pending the passage of the Mental Health Care Bill 2013, Section 309 of the Indian Penal Code is yet to be limited or repealed.

The government decriminalized attempts to commit suicide, a decision that will ensure people driven to take their lives do not end up in prison in case they don’t succeed.

It has decided to repeal Section 309 from the Indian Penal Code, claiming support of 18 states and 4 Union Territories.

The Law Commission of India, in its 210th Report, had recommended that Section 309 (attempt to Commit suicide) of IPC needs to be affected from the statute book. As law and order in the State subject, views of States/UTs were requested on the recommendations of the Law Commission. 18 States and 4 Union Territory Administrations have supported that Section 309 of the IPC may be deleted. Keeping in view the responses from the States/UTs, it has been decided to delete Section 309 of IPC from the Statute book.