Require case laws on suicide
Arjun Jaganathan
(Querist) 03 July 2012
This query is : Resolved
This is a offence u/s 306 and 498a IPC.
The suicide note by the deceased has been suppressed by the prosecution.
Require SC case laws relating to it.
ajay sethi
(Expert) 03 July 2012
Attempt to suicide must be decriminalized: Supreme Court
Dhananjay Mahapatra, TNN Mar 8, 2011, 12.43am IST
(The SC has recommended that…)
NEW DELHI: The Supreme Court on Monday observed that time has come to decriminalize attempt to suicide by erasing the punishment provided in Indian Penal Code and asked Parliament to examine it.
"We are of the opinion that although Section 309 of IPC (attempt to suicide) has been held to be constitutionally valid in Gian Kaur's case by Supreme Court, the time has come when it should be deleted by Parliament as it has become anachronistic," said a bench of Justices Markandey Katju and Gyan Sudha Misra while dealing with the issues relating to euthanasia. "A person attempts to suicide in a depression, and hence he needs help, rather than punishment. We therefore recommend to Parliament to consider the feasibility of deleting Section 309 from the Indian Penal Code," said Justice Katju while writing the judgment for the bench.
ajay sethi
(Expert) 03 July 2012
Supreme Court Judgment: Intention of the Accused to Drive a Person to Suicide
On 19th August 2010, the Supreme Court held that unless there is specific material and evidence of abetment to suicide, it will be hazardous to ask an accused person to undergo trial. As per section 306, any person who abets the commission of suicide shall be punished for a term which may extent to ten years imprisonment and shall also be liable to fine.
A Bench comprising of Justices V.S.Sirpukar and Cyriac Joseph observed that a person who commits suicide will not be available to verify the allegations made in the suicide note, therefore, irrelevant allegations shall not be used to prosecute a person under section 306, IPC.
The Bench stated, “The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306.”
