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Shree. ( Advocate.)     26 April 2008

Should suicide be puishable under the IPC or any?

Should suicide be puishable under the IPC? or any

The point for our consideration is removal of section 309 from the IPC which makes the attempt to commit suicide punishable, should this be retained or removed? Your opinions substantiated with reason..........


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 15 Replies

JAGADEESH GOVIND (ADVOCATE)     26 April 2008

Sir, In P.Rathinam v Union of India SC observed taht the above provision is violative of Art.21 and acquitted the convict charged under S.309.But SC overruled the above order in Gian Kumar v State of Punjab. In my opinion S.309 is irrational as the person failed to commit suicide have already undergone great mental and physical strain and again punshing him will be a great cruel to him.I don't think the penal provision may check the intensity of the suicide. Jagan

Prakash Yedhula (Lawyer)     26 April 2008

Though suicide is definitely a sin, it is to be borne in mind that somebody makes an attempt to commit suicide only when he or she is disgusted with life. So instead of making the rest of his life more taxing, by filing a criminal case against him. the society should come forward to help him out to lead a normal life bereft of disgrace.

Shree. ( Advocate.)     26 April 2008

Suicide shouldnot be punishable under IPC,becoz according to article 21of the indian constitution, every person have personal life and liberty,by which he also have a right to terminate his life.But abatement to commit suicide should be punishable according to ipc.

Kuljit Pal Singh (Legal Professional)     26 April 2008

The Object of legislatures having this provision is to have fear of punishment while attempt to commit suicide. Art 21 never meant and include right to terminate life. Having this provision in IPC makes suicide not only Moral Sin but also legal sin to discourage such Sin.

Kiran Kumar (Lawyer)     27 April 2008

I am in full agreement with the opinion that there must be some reformative process first....certainly a person does not have any right to take away his own life but if some one attempts suecide certainly it is out of depression or some kind of failure.....let there be some organisational structure to put such offendors under reformative process if finally things could not be controlled then only penal provisions shall be resorted.

Ajay kumar singh (Advocate)     27 April 2008

Right to life as envisaged in Art.21 of the constitution of India does not mean/include right to death. In all cases people do not attempt to commit suicide being disgusted.They also do it to defraud others and for various other reasos.Of course reformative measures are needed but I am not in favour of removal of sec.309 I.P.C. Moreover,the punishment provided under the section is not major or irrational. If the section is removed,people may colour small incidents as attempts to commit sucide and get undue advantage.

Shree. ( Advocate.)     28 April 2008

Thanks for one and all for your valid reply.

Kanhaiya Singh (Advocate)     28 April 2008

The term 'Suicide' is not defined in the IPC.In several countries like England.Russia and many states of U.S.A. attempt to suicide is not a crime.In Japan,voluntary 'hara-kari' and an act of expiation for defeat or self sacrifice has always been praised.In India too the Supreme Court of India in P.Rathiram v Union of India(1994)3SCC394 held Sec.309 IPC(Attempt to commit suicide)as Constitutionally invalid on the basis of construction made of article 21 of the CONSTITUTION that right to life also includes right to die.But in Gian Kumar v State of Punjab(1996)2SCC648,the Constitutional Bench of the Hon'ble Supreme Court of India has held that Sec. 309 IPC is valid and has overruled the earlier dicision.In my view also suicide whether it is abetment or attempt the should remain be punishable in India.

Kuljit Pal Singh (Legal Professional)     29 April 2008

The case name is Gian Kaur and not Gian Kumar I think...

Ravishankar (Assistant)     06 May 2009

I have read the section of attempt to suicide, but if the attempt is successful then what action does the law take, I think a case will be filed against the deceased, can anyone tell me that if attempt is successful then would the person commiting suicide be treated as criminal if yes then what punishment does he deserve because he is already dead.

Meenakshi (Lawyer)     05 November 2009

 Everything is fair which is done in the interest of good and well being...What has the society got to lose? This wil only refrain people from not commiting sucide in fear of being punished....Death seems very easy to a sucidal patient just like the sucide bombers so punishment by law may make some sense and fil in some fear.....Actually it should depend on the case if its a case of some person fed up of life etc then some reformaTIVE theory to be applied. if  not then yes to be punished which sets an example thus disbling people scaring them not to comit suicide....If nobody law cares about good lives of people...

Gaurav Arora (Advocate)     05 November 2009

I also agree with the above said suggestions given by the respected members that there should be an organisation which specifically deals with such types of case so as to reform the persons who have attempted to commit suicide.....because mere punishing a person for such a sin is not the solution....

Bhaskaradeepak (SOFT. ENGG.)     06 November 2009

Yes i agree but if a person used suicide plights to make other to agree tos omething or meant to disturb,it should be punished badly.I myself was a victim, a girl from up made me fall in love initally by saying she was going to commit suicide since she can't leave as she likes and if i want her to leave, should be with her.After 10 months long realtion and some physical involvement,i found she was a cheat,when i asked her about that she abused me badly and my family so i too repeated the same.When i agai seeked for explanantion,she again made me depressed by stating she attempted suicide.Indeed made a conversation stating she was dying that time she took some pills and cutted off the line as she was faining.

That affected me drastically,i was so mcuh depressed for a week.Indeed contacted he friend to make sure she is allright.As i afraid anyting can hapen, i blogged everything happened between us.Contacted her fiance told him she is having such a idea,he too called and asked me to forward a suicide message she sent,i denied his request.

SO far i suffered to much mental depression.I was afraid of her,even she states i am the reason for her marriage proposal getting dropped and she will take revenge for that.I contacted her family members too,they were not ready to respond.Actually i fond out the moble number she used was taken under her previous BF proof,now she stoped using the number.

As law always gives advantage to the one who approaches firs,what should i do now? she herself is a law student and one of her realtive is a judge too.

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     06 November 2009

As per my view it may be removed.

Regards
adv.kamal.grover@gmail.com


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