Attempt To Commit Suicide Decriminalization
⚖️ Legal Background
Under the Indian Penal Code (IPC), Section 309, attempt to commit suicide was originally a criminal offence, punishable with imprisonment up to 1 year.
This provision was criticized as being inhumane because punishing a person who already tried to take their life was seen as cruel and counterproductive.
🌐 International Perspective
Most modern democracies (UK, US, Canada, European countries) have decriminalized suicide attempts, treating them as a public health issue rather than a criminal one.
🇮🇳 Current Position in India (after Mental Healthcare Act, 2017):
Section 115 of the Mental Healthcare Act, 2017 effectively decriminalizes suicide attempts.
It presumes that any person attempting suicide is under severe stress and cannot be punished.
The duty shifts to the government to provide care, treatment, and rehabilitation, not imprisonment.
🧑⚖️ Case Laws on Attempt to Commit Suicide & Decriminalization
Here are 6 major cases which show how the law evolved:
1️⃣ State v. Sanjay Kumar Bhatia (1985 Delhi High Court)
Facts:
A young man attempted suicide. Police booked him under Section 309 IPC.
Holding:
The Delhi High Court criticized the prosecution, calling it “unjust” and “inhumane” to punish a person already under distress.
Legal Principle:
Attempt to commit suicide should be treated as a mental health issue, not a crime. This judgment was one of the earliest criticisms of Section 309 IPC.
2️⃣ P. Rathinam v. Union of India (1994) 3 SCC 394
Facts:
Two writ petitions challenged the constitutional validity of Section 309 IPC (attempt to suicide).
Holding:
The Supreme Court held that Section 309 IPC violates Article 21 (Right to Life) of the Constitution. It reasoned that “right to life” includes “right to not live” or “to end one’s life”.
Legal Principle:
Section 309 IPC was declared unconstitutional. Attempt to suicide was effectively decriminalized for the first time.
3️⃣ Gian Kaur v. State of Punjab (1996) 2 SCC 648
Facts:
The constitutional validity of Section 306 IPC (abetment of suicide) was under challenge. During the hearing, Section 309 IPC (attempt) also came into question.
Holding:
A Constitution Bench overruled P. Rathinam. It held that Article 21 does not include the right to die. Therefore, Section 309 IPC was valid.
Legal Principle:
Attempt to commit suicide remained a criminal offence, but the Court acknowledged the need for legislative reform.
4️⃣ Aruna Ramchandra Shanbaug v. Union of India (2011) 4 SCC 454
Facts:
Aruna Shanbaug, a nurse, had been in a vegetative state for decades. A plea for euthanasia (right to die with dignity) was filed.
Holding:
The Supreme Court did not decriminalize suicide attempts but recognized passive euthanasia under strict guidelines.
Legal Principle:
The Court distinguished between suicide and euthanasia. It reinforced that while “right to life” does not include “right to die,” the dignity of life matters.
5️⃣ Common Cause v. Union of India (2018) 5 SCC 1
Facts:
A petition sought recognition of the “right to die with dignity” and legalization of living wills.
Holding:
The Supreme Court recognized the right to die with dignity as part of Article 21 and legalized living wills and passive euthanasia.
Legal Principle:
While suicide itself remained criminal at that time, the Court’s recognition of “dignified death” strengthened the movement for decriminalization.
6️⃣ Mental Healthcare Act, 2017 – Section 115 (Effective July 2018)
Provision:
Any person attempting suicide “shall be presumed to be under severe stress” and “shall not be tried and punished under Section 309 IPC.”
Legal Effect:
Attempt to commit suicide is now effectively decriminalized in India.
The government must provide mental healthcare, not jail time.
7️⃣ Maruti Shripati Dubal v. State of Maharashtra, 1987 Cri LJ 743 (Bombay High Court)
Facts:
A bus driver attempted suicide and was prosecuted.
Holding:
The Bombay High Court held Section 309 IPC unconstitutional as it violated Articles 14 and 21.
Legal Principle:
This was the first case in India to declare Section 309 IPC unconstitutional, paving the way for later reforms.
📝 Summary Table
| Case / Law | Year | Principle Established |
|---|---|---|
| Maruti Shripati Dubal v. State of Maharashtra | 1987 | First court to strike down S.309 IPC as unconstitutional |
| State v. Sanjay Kumar Bhatia | 1985 | Punishing suicide attempts is inhumane |
| P. Rathinam v. Union of India | 1994 | S.309 IPC unconstitutional (overruled later) |
| Gian Kaur v. State of Punjab | 1996 | S.309 IPC valid; no right to die under Art.21 |
| Aruna Shanbaug v. Union of India | 2011 | Passive euthanasia allowed; right to die distinguished |
| Common Cause v. Union of India | 2018 | Right to die with dignity recognized; living wills allowed |
| Mental Healthcare Act, 2017 (S.115) | 2018 | Attempt to commit suicide effectively decriminalized |
📌 Key Takeaways:
Attempt to commit suicide is no longer criminal in India post-2018 due to Section 115 of the Mental Healthcare Act.
Courts played a crucial role in pushing for decriminalization through progressive judgments.
Suicide attempts are now treated as a mental health issue, not a crime.
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