Decriminalization of Attempted Suicide in India

Abstract

The Indian Penal Code (IPC) is the main document which governs all criminal acts and the punishments they ought to be charged with. The objective of enacting the IPC was to provide a general and exhaustive penal code for crime in India. However, there are several other penal statutes that govern various other offences in addition to the IPC. In animal law, a notable such statute is the Prevention of Cruelty Against Animals Act. In order to be held liable under the IPC, the accused must possess both mens rea (guilty mind) and actus reas (guilty act). The IPC extends to the whole of India. Punishments under the IPC can be extended both to offences committed within India as well as offences committed beyond, but which by law may be tried, within India. Attempted suicide is a serious problem requiring mental health interventions, but it continues to be treated as a criminal offence under the section 309 of Indian Penal Code. The article reviews the international legal perspective across various regions of the world, discusses the unintended consequences of section 309 IPC and highlights the need for decriminalization of attempted suicide in India. The Mental Health Care Bill, 2013, still under consideration in the Rajya Sabha (upper house), has proposed that attempted suicide should not be criminally prosecuted. Decriminalization of suicidal attempt will serve to cut down the undue stigma and avoid punishment in the aftermath of incident, and lead to a more accurate collection of suicide-related statistics. From a policy perspective, it will further emphasize the urgent need to develop a framework to deliver mental health services to all those who attempt suicide.