309 ipc

Arvind Singh Chauhan (Querist) 05 September 2012 This query is : Resolved
Sir,
Accused climbed on mobile tower to compel administration to take action against a politician. But he was arrested and charge sheet was submitted u/s 309 ipc, 332, 353.
There is no evidence in file for 323,353.

Now I am going to argue that there is no attempt of suicide it is only threatening.

Sir I want to know whether may I argue on this line, and what is about hunger strike whether it is also punishable under 309, if no then why such action is punishable ?

Please contribute and suggest if there is any case law.

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ajay sethi (Expert) 05 September 2012
1996 a five member Constitutional Bench of the apex Court compromising of justices J.S. Verma, G.N.Ray, N.P. Singh, Faizauddin and G.T. Nanawati in Gyan Kaur v. Uninon of India (1996)2 SCC 648, overruled its decision of 1994 in P.Rathinam v. Union of India. The Apex Court said that as regards section 309, IPC is concerned the ‘right to life’ guaranteed under Art 21 of the Indian Constitution did not include the ‘right to die’ or ‘right to be killed’ and therefore attempt to commit suicide under section 309, IPC is within the constitutional parameters and are not void or ultra vires. The ‘right to die with human dignity’ cannot be construed to include within its ambit ‘the right to terminate natural life’, at least before the natural process of certain death. The ‘right to die’, if any, is inherently inconsistent with the ‘right to life’, as is death with life.

you have to argue that it was not an attmepted suicde . it was mere protestagainst the politicans