IPC Section 310
IPC Section 310 – Attempt to Commit Suicide
Exact Provision (Simplified):
“Whoever attempts to commit suicide and does any act towards the commission of such an offence shall be punished.”
(Note: In practice, this section has been modified and partially repealed by the Mental Healthcare Act, 2017, which decriminalized attempted suicide, but it is still useful to know in historical IPC context.)
Key Elements of Section 310
Attempt to Commit Suicide
The person must have taken some steps towards ending their life.
Mere thoughts or intentions without action do not qualify.
Acts Toward Suicide
Acts could include taking poison, jumping from height, cutting oneself, or any other method with the intention of ending life.
Mens Rea (Intention)
The act must be done with the intention of ending one’s life.
Accidental self-harm is not covered under this section.
Difference from Completed Suicide
Section 309 deals with attempt to commit suicide.
Suicide itself, if completed, is not punishable (as the person is deceased).
Punishment under IPC Section 310
Historically, attempt to commit suicide was punishable under Section 309 IPC (up to 1 year imprisonment or fine or both).
Section 310 reinforced liability when an act is done towards committing suicide.
Current legal position:
The Mental Healthcare Act, 2017 decriminalized suicide attempts.
Now, a person attempting suicide shall be presumed to be under severe stress and should be provided care, treatment, and rehabilitation instead of punishment.
Important Points / Legal Principles
Historical context
IPC Section 310 was part of criminal liability for suicide attempts.
It reflected the older view that suicide attempts were offences.
Modern context
Suicide attempts are now treated as mental health issues, not crimes.
Law emphasizes rehabilitation over punishment.
Related sections
Section 309 IPC: Punishment for attempt to commit suicide (historical)
Section 306 IPC: Abetment of suicide (still an offence)
Illustration / Examples
A person takes poison intending to end life, but is saved by family.
→ Historically punishable under Section 310/309, now treated as requiring medical and psychological care.
A person jumps from a building intending to commit suicide but survives.
→ Act was towards committing suicide → requires treatment, not imprisonment.
Accidental ingestion of poison without intent to die.
→ Not covered under Section 310.
Summary
| Aspect | Details |
|---|---|
| Act | Attempt to commit suicide |
| Intention | Must intend to end life |
| Action | Must do something towards suicide |
| Punishment | Historically up to 1 year or fine, now decriminalized under Mental Healthcare Act, 2017 |
| Objective | Protect life, historically punished; now focus on care and rehabilitation |
In simple words: Section 310 deals with acts towards suicide, but now the law treats such persons as needing help, not punishment.
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