WHEN 309 OF IPC DECRIMINALIZED, NOW 306 ON THE SPOTLIGHT: SUICIDE, ATTEMPT TO SUICIDE, SECTION 309 & 306 OF INDIAN PENAL CODE, LEGAL INCONGRUITY

Abstract

Suicide takes away a lots of life every year would wide, while accomplishment is free from punishment, failure of death after attempting, it is a punishable offence under section 309 of IPC.It is a serious offence under sec 305 and 306 of I.P.C abetment of suicide is punishable because it violates the right to life explained under article 21 of constitution of India. As attempt to commit suicide will no longer be a crime. The government has decided to delete sec 309 of the IPC. Parliament has declared the ineffectiveness of sec of 309 of IPC recently without considering the provision related to abetment of suicide under sec 306 of IPC, which clearly denotes of criminal proceeding against the person or group of person, who instigate to commit suicide. Sometimes the person, who is alleged of such cases under section 306 goes under the social stigma during the investigation and trial period. In past few years cases of student committing suicide due to examination pressure, fail in love affairs, drug addiction, depression and other social and financial pressure increases. How it would be justify to make ineffective of Sec of 309, without considering the various consequences of social impact of the Sec 306 of IPC. The basic principle of criminal law is that a person is liable for his own act, but this sec 306 of IPC infringes the fundamental rule, how some other person is said to be liable for the act done by another person. It is clear that Sec 306 cannot be denied like Sati Pratha,Dowry death and other such cases. 

The government has decided to delete sec 309 of the Indian penal code 1860 on a ground of inhumanity. As per 210^th report of law commission –‛suicide is the manifestation of diseased condition of mind that needs treatment and care rather punishment’.