Section 309 of the Indian Penal Code

Section 309 of the Indian Penal Code criminalised attempted suicide as well as suicide assistance.

Section 309 stated:

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.[1]

Although section 309 was still in effect, the Mental Healthcare Act, 2017 (enacted July 2018) has restricted its application. The relevant provision of the new act states:

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 have severe stress and shall not be tried and punished under the said Code.[2][3]

The Indian Penal Code was replace by Bharatiya Nyaya Sanhita (BNS), which came into effect on July 1, 2024. The Bharatiya Nyaya Sanhita does not include an equivalent clause to Section 309 that criminalized attempted suicide in India, hereby attempted suicide was officially decriminalised in India through the introduction of BNS.[4][5]

  1. ^ "Indian Penal Code". India Kanoon. Retrieved 28 March 2017.
  2. ^ Cite error: The named reference :1 was invoked but never defined (see the help page).
  3. ^ THE MENTAL HEALTHCARE ACT, 2017 (PDF). New Delhi: The Gazette of India. 7 April 2017. Archived (PDF) from the original on 21 April 2017.
  4. ^ "The 'new IPC' removes the punishment for attempting suicide — or does it? Here's what the proposed Nyaya Sanhita says". The Indian Express. 12 August 2023. Retrieved 4 July 2024.
  5. ^ "Decriminalising attempted suicide in India: the new penal code". Centre for Mental Health Law & Policy. Retrieved 4 July 2024.