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In the 8th Anvay Episode on Suicide Risk Assessment & Prevention & IC’s Role, conducted on 25.04.2025, The Legal Swan struck an insightful discussion with Sachin Chitambaran (Founder of The Connect Hut) and Madhuri Dadia (Training Officer at the National Centre for Suicide Prevention Education and Training).
Amidst the discussion, Sachin explained suicide as a ‘symptom of pain’. He highlighted that it is the mind’s way of indicating that the psychological pain has reached the highest level. Highlighting the societal pressure on individuals’ suffering with suicidal thoughts, Madhuri shared her concern about the criminalization of attempt to suicide and its negative impact on survivors.
Since the 1970s, India has tried to escape the colonial trap of penalizing the sufferers and it is no wonder that many citizens remain uncertain whether an attempt to suicide is still a crime or not. This article answers the query, based on current events, and provides the complete timeline of the journey.
“Will Someone Be Prosecuted for Attempt to Suicide?”
No. The new criminal code, Bhartiya Nyaya Sanhita 2023 (“BNS”) partially repealed Section 309 of the Indian Penal Code 1860 (“IPC”). Under the new code, if a person attempts suicide due to severe stress or mental pressure, they will not face any investigation or prosecution.
However, if an individual attempts suicide with the intent to compel or restrain a public officer from performing their official duty, then such person can face imprisonment up to one year, fine, both or community service.
Decriminalization of Attempt to Suicide: A Timeline
Section 309 of the IPC was not helpful. It neither deterred individuals from attempting suicide nor did it help the government to prevent it fruitfully. Instead, it created a culture of victim-blaming and taboo-fied the discussion of suicide. Individuals struggling with suicidal thoughts could not discuss their situation out loud or seek professional help. Moreover, in cases where someone attempted suicide, their near and dear ones failed to report the incident for fear of becoming their town’s latest gossip.
Owing to the lack of data, arising due to hesitance to report, it became difficult to formulate suicide prevention policies.
India realized the drawbacks of the provision and began its attempt in the 1970s to counter them. The following is the timeline of the decriminalization of Section 309.
- Amendment Bill of 1978
Around 1970-1971, the Law Commission of India released its 42nd report and recommended decriminalization of Section 309. The Government of India accepted this recommendation and introduced the IPC Amendment Bill in 1978. Although it passed in the Raj Sabha, it lapsed because the Lok Sabha dissolved before it passed.
- High Courts’ Take on Attempt to Suicide
In 1985, the Delhi High Court declared the provision as “unworthy of human society” in State v. Sanjay Kumar Bhatia [1985 Cr LJ 931]. However, the constitutionality of Section 309 remained unquestioned in the case.
In 1986, the Bombay High Court came across a Petitioner who was arrested because he tried to pour kerosene on his body to burn himself. The Petitioner suffered from numerous mental health issues after a road accident and was also diagnosed with schizophrenia. Upon analyzing the details of the petition, the Hon’ble Court considered the constitutional validity of the section in Maruti V. Shripati Dubal v. State of Maharashtra [1987 Cr LJ 743] and held it to be violative of Articles 14 and 21 of the Indian Constitution.
- Supreme Court on Right to Die
The Indian Supreme Court entered the discussion in 1994. A two-judge bench in P. Rathinam v. Union of India [AIR 1994 SC 1844] held that criminal penalties for suicide amounted to a double punishment; it highlighted that women who attempt suicide after abuse should not be made to face criminal penalty. In this case, the Hon’ble Court held Section 309 as violative of the right to life under Article 21 of the Indian Constitution.
However, the Indian Apex Court changed its stance after a couple was arrested for abetment of suicide under Section 306 of IPC. The Petitioners argued that since the right to die is part of the right to life under Article 21, a person abetting suicide should not face punishment for assisting in enforcement of a fundamental right. Thus, in 1996, the Apex court overruled its previous judgement through its decision in Gian Kaur v State of Punjab [AIR 1996 SC 946].
- Law Commission Report and Judicial Suggestions
The Law Commission released its 210th report titled “Humanization and Decriminalization of Attempt to Suicide” in 2008. In the report, it clarified that an attempt to commit suicide is a manifestation of a ‘diseased state of mind’ and that it deserved treatment instead of punishment. Therefore, it recommended removal of the penalizing provision.
Further, in 2018, the Supreme Court issued guidelines on passive euthanasia in Common Cause (A registered society) v. Union of India and Anr. [(2018) 5 SCC 1]. Besides the guidelines, it labelled Section 309 as ‘anachronistic’ and recommended the legislature to decriminalize it.
- Mental Healthcare Act, 2017
The legislation was promulgated in 2018 to decriminalize attempt to suicide, or, at least to create an exception. Section 115 of the Mental Healthcare Act 2017 (“MHA”) states that an attempt to suicide must be considered a manifestation of severe stress and, thus, an individual should not be subjected to investigation or prosecution. Moreover, it places the responsibility on the Government to provide access to support services to such individuals.
- Bhartiya Nyaya Sanhita 2023
Attempt to commit suicide is partially decriminalized under the new criminal code. Only an attempt to commit suicide with the intent to compel or restrain a public servant from discharging their official duty remains a crime.
Conclusion
Suicide comes from the Latin term ‘Sui’ meaning ‘Self’ and ‘caedere’ meaning ‘act of slaying’. Before secularism separated State and church, the latter had the power to take action against immorality and sins defined in the Bible. There are ten holy commandments that should not be breached and one of them says, “Thou Shalt Not Kill”. According to the Catholic Church, suicide was self-murder and therefore a moral sin. If anyone committed suicide, they were denied a Christian burial. Moreover, if someone was caught in an attempt, they were ostracized and cast out by the church community.
This sentiment seeped into the Indian Penal Code when it was drafted by the British colonizers in the 1860s.
However, in the 21st century, it is futile to connect an attempt to suicide with moral lessons. With ample studies and data, it is more than apparent that suicide indicates presence of unbearable psychological pain. Attempting suicide is not an attention seeking behavior; it is a scream for help.
The decriminalization of ‘attempt to suicide’ acknowledges the agony behind the decision to cease one’s existence and paves the way for further advancement of mental healthcare in India.
If you are struggling with suicidal thoughts and need a friend to help you come out of the dark place, don’t hesitate to contact the following numbers:
10am-2pm: Pukar (9663896669)
10am-8pm: Connecting NGO (9922004305)
4pm-10pm: Ankahee Helpline (8655486966)
10am-10pm: Sneha (04424640060/04424640050)
If you’re not a person who feels comfortable making calls, you can also find emotional support from the following emails:
Authored by, Ayush Bardhan, Trainee Associate, The Legal Swan
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