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section 309 of ipc

(Querist) 14 September 2009 This query is : Resolved 
suicide should be an offence or not?riven
Guest (Expert) 14 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com.
REGARDING SUCIDE KINDLY NOTE THAT.
1.INDIAN PENAL CODE SECTION 306 ,THE PROVISION IS ALREADY THERE AND THE PERSONS RESPONSIBLE FOR THE SUCIDE OF ANY PERSON ARE PUNISHABLE UNDER THE SAID PROVISIONS.OF I.P.C.
2.THIS IS A SERIOUS OFFENCE AND TRIABLE BY DIST AND SESSIONS COURT.IN CASE ANY COMPLAINT IS FILED BY THE RELATIVES OF ANY PERSON WHO COMITTED SUCIDE ,AND NAMED THE ACCUSED PERSONS WHO HARASSED THE SAID PERSON AND FORCED HIM TO COMMIT SUCIDE THEN SUCH ACCUSED PERSONS WILL BE ARRESTED BY THE POLICE AND PRODUCED BEFORE THE COURT .JMFC COURT WILL COMMIT THE CASE TO DIST AND SESSIONS COURT AND THEN ENTIRE EVIDENCE WILL BE RECORDED AND JUDGEMENT WILL BE PASSED AND GUILTY WILL BE PUNISHED.
KINDLY NOTE THAT LIFE IS A GIFT OF GOD.LIVE THE LIFE KINGSIZE.THINK OF YOUR FAMILY AND DEPENDENTS AND FACE THE PROBLEMS WITH CONFIDENCE .GOD WILL HELP YOU.MAY GOD BLESS YOU ALL.
IN CASE ANY FURTHER INFORMATION IS REQUIRED KINDLY SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.riven
Sarvesh Kumar Sharma Advocate (Expert) 14 September 2009
if attempt of sucide is not complite then it is an offence if commited then who will take punishment?riven
Raj Kumar Makkad (Expert) 14 September 2009
You have asked a simple question and its answer is more simple than question.

No one has right to finish the life provided by God/nature hence if it is finished through suicide, no offence and if partly failed to fulfil it then it is an offence,riven
charudureja (Expert) 14 September 2009
Well nobody has the right to take the life when he has no right to give it.
Suicide. if logically and practically seen can not be made an offence because once the offence of suicide is complete ie person has taken his life and has died how can u make liable him for this crime. practically it is impossible. thats why the complete offence of suicide can not be made punishable.riven
Adinath@Avinash Patil (Expert) 14 September 2009
Sucide is an serious offence & wich is punishable for 1 year and fine or both.riven
Bhumik Dave (Expert) 15 September 2009
Agreed with Sharmaji.riven
ritu bhadana (Expert) 15 September 2009
This traumatic experience should not be regarded as a criminal offence when the person who attempts suicide is in a fragile state of mind. Shouldn't we adopt a more empathetic view regarding this so-called 'offence'? What goes through a suicidal person's mind? We know that a person who attempts suicide is not of sound mind.
Circumstances must be very bad for the person to be unable to get help and their judgement must be clouded making them wish to end their Lives. Only a person who has totally lost his or her mind will purposely take his or her life.

It is understandable that the authority needs to discourage incidents where some people deliberately commit suicide. I strongly feel that before a person is readily charged with criminal offence, the authorities should seek counselling for the person and provide emotional support.. Persons who attempt suicide need compassion and counselling, not prosecution and punishment.. Society is fraught with cases of stress and depression. Therefore, charging a person who is of unsound judgement will further aggravate the situation and hinder efforts to create a stress-free society.riven
Y V Vishweshwar Rao (Expert) 15 September 2009
Keeping aside-whehter it is offence or not - !

The message of Ritu Bhadna is required to be considered -

it is also required to change the feelings of the said person and to change his/her circumstances in which the said person is living !
riven
Shivasurya (Expert) 15 September 2009
Attempt to commit suicide is an offence and punishable u/s.309 I.P.C. I think for 2 years from 1994 to 1996, the section was struck down for the reason that the said section is against the provisions of Article 21 that the right to die is also fundamental right as like right to live of our Constitution, Finally our Supreme Court rendered judgement that the section 309, I.P.C. is not unconstitutional, the right to live is alone fundamental right right to die is not fundamental right. The judgement is reported in 1996 AIR (SC) 946riven


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