The government on Wednesday said that it will remove section 309 from the Indian Penal Code, under which anyone attempting to commit suicide is punishable with a jail term of up to one year and a fine. In the Rajya Sabha, Minister of State for Home Haribhai Parathibhai Chaudhary said the Law Commission of India, in its 210th Report, had recommended that Section 309 (attempt to commit suicide) of IPC needs to be effaced from the statute book.

Suicide Means:

Suicide is the intentional killing of oneself. Ironically, in most states suicide is a crime, but if successful there is no one to punish. However, attempted suicide can be a punishable crime (seldom charged against one surviving the attempt). “Assisted suicide” is usually treated as a crime, either specifically (as in Michigan) or as a form of homicide (second degree murder or manslaughter), even when done as a kindness to a loved one who is terminally ill and in great pain.

The Ministry of Home Affair said, “We have decided to delete Section 309 of the Indian Penal Code.” Attempt to Suicide is No Longer a CRIME in India

https://www.youtube.com/watch?v=5f04GF5FdO4

The Law Commission had first recommended for the removal of Section 309 in its 42^nd report in1971.

The Law Commission in its 210th report on “Humanization and Decriminalisation of Attempt to Suicide” had recommended that Section 309 of IPC needs to be effaced from the statute book. The Commission had said Section 309 needs to be deleted because the provision is inhuman, irrespective of whether it is constitutional or unconstitutional.

Chaudhary said since law and order is a state subject, views of all states and union territories were sought on the recommendations of the Law Commission. A”18 states and 4 Union territory administrations have supported that Sec 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,”

Critics of the law say that it is cruel and irrational because it provides double punishment for a troubled individual whose deep unhappiness had caused him to try and end his life. They say it is cruel to inflict additional legal punishment on a person who has already suffered agony and ignominy in his failure to commit suicide.

However, some states have argued that amending Section 309 would pose problems as this would remove the fear of police cases.

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