suicide-section-309-ipc

In a landmark decision, Home Ministry has informed the Indian Parliament that suicide attempt will no longer be considered a criminal offence. Currently section 309 of Indian Penal Code makes the suicide attempt a punishable offense with a jail term of up to one year plus fine.

The Section 309 states that:

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].

The Indian Home Ministry said on Tuesday that Central government has decided to repeal Section 309 from Indian Penal Code (IPC). Government claimed that 18 states and four union territories have supported this move. Some states have expressed their concern over the death threats made by people from fasting and self-immolation.

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In the Rajya Sabha, Minister of State of Home, Haribhai Parathibhai Chaudhary said that this recommendation has been made by the Law Commission of India in its 210th report. “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 Sec 309 of IPC from the Statute book,” he said. He added that the views of all states and union territories were sought on these recommendations because law and order is a subject of state list of Indian constitution.

According to Economic Times, states like Bihar, Madhya Pradesh, Delhi and Sikkim has advised the government to make proper arrangements before eradicating the law.

Know more about Section 309 of IPC here.


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