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Section 309 of The Indian Penal Code

Section 309 of the Indian Penal Code criminalizes attempted suicide and punishes it with up to 1 year in prison or a fine or both. However, this is considered highly immoral as it overlooks mental illness and further punishes troubled individuals in need of help. Several court cases have challenged the constitutional validity of Section 309, including cases that upheld an individual's right over their own life and argued imprisonment is not a deterrent and prevents proper medical treatment. While some courts have upheld Section 309, it remains controversial given the fundamental right to life and whether that includes the right to end one's own life. The law also remains unchanged despite the UK decriminalizing suicide attempts in 1961. In conclusion, a more liberal,

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130 views2 pages

Section 309 of The Indian Penal Code

Section 309 of the Indian Penal Code criminalizes attempted suicide and punishes it with up to 1 year in prison or a fine or both. However, this is considered highly immoral as it overlooks mental illness and further punishes troubled individuals in need of help. Several court cases have challenged the constitutional validity of Section 309, including cases that upheld an individual's right over their own life and argued imprisonment is not a deterrent and prevents proper medical treatment. While some courts have upheld Section 309, it remains controversial given the fundamental right to life and whether that includes the right to end one's own life. The law also remains unchanged despite the UK decriminalizing suicide attempts in 1961. In conclusion, a more liberal,

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Section 309 of the Indian Penal Code

The controversial section 309 of the Indian penal code criminalizes attempt to commit
suicide, notwithstanding the fact that when a distressed or frustrated person decides to
terminate his/her previous life prematurely, it is indeed irrational and unfair to visit him with
punishment on his failure to do so. 

Section 309[1] states that “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.”

What is funny about this particular section is that it only holds the people with failed
attempts as guilty parties, since it is not possible otherwise. This is a highly immoral take,
which overlooks the idea of mental illness and its destructive potential, and even goes as far
as to further punish the troubled individual, who is already in need of professional assistance.
The constitution’s view on this may be justified as an attempt to uphold the dignity of human
life – an individual’s life is precious to the state, and it cannot turn a blind eye to a person
attempting to kill himself. This, however, poses a challenge with respect the fundamental
right contained within Article 21, which essentially gives every individual right to life. This
brings us to a question, does having a right to life include having the right to end it? I back
the pro-choice take, it is very much a personal choice and the state should not have the
power to police an individual’s life, which is his and his own, exclusively.

The constitutional validity of the provision has been rightly been challenged multiple, the
most notable instances being –

 Maruti Shripati Dubal v. State of Maharashtra:


The petitioner, a police constable, who became mentally ill after a road accident
attempted to commit suicide by dousing himself with kerosene and then trying to light
a match was prevented and prosecuted under section 309 of I.P.C. The Bombay High
Court upheld the right of an individual over his own life. In words of Justice P.B.
Sawant” If the purpose of the prescribed punishment is to prevent the prospective
suicides by deterrence, it is difficult to understand how the same can be achieved by
punishing those who have made the attempts. Those who make the suicide attempt on
account of mental disorder requires psychiatric treatment and not confinement in the
prison cells where their condition is bound to be worsen leading to further mental
derangement. Those on the other hand, who makes a suicide attempt on account of
actual physical ailments, incurable disease, torture (broken down by illness), and deceit
physical state induced by old age or disablement, need nursing home and not prison to
prevent them from making the attempts again. No deterrence is going to hold back
those who want to die for a special or political cause or to leave the world either
because of the loss of interest in life or for self- deliverance. Thus in no case does the
punishment serve the purpose and in some cases it is bound to prove self defeating
and counter – productive”
 State v. Sanjaya Kumar Bhatia
The Delhi High Court again upheld the right of an individual over their own life.
“The continuance of section 309 of the Indian Penal Code is an anachronism
unworthy of human society like ours. Instead of sending the young boy to a
psychiatric clinic society, gleefully (happily) sends him to mingle with criminals.
Medical clinics are needed for such social misfits; but police and prison never”
 Chenna Jagadishwar v. State of A.P.
The Andhra High Court, however, upheld the constitutional validity of section 309,
stating that right to life does not include the right to die.

Eventually, the constitutionality of section 309 was upheld, over several instances of
deliberations and cases.

An important observation is that our penal laws are mostly the handiwork of the British
and they have by and large remained untouched even after more than 60 years of
independence. What is ironic is that the UK amended their penal laws and decriminalized
attempt to suicide way back in 1961, but we are yet to even deliberate on taking any
action on this decisive issue.

In conclusion, I sincerely feel that a greater emphasis should be placed on a pro-


choice, liberal stand. Furthermore, there needs to be greater awareness and acceptance
of mental issues, and professional help for such issues needs to be more widespread.

-Tanmay Juyal

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