• Suicide attempt

Dear Sir,
I attempted suicide on 24-12-18 by taking BP tablets but I survived. Now alright. Suicide attempt was due to depression and my personal issue. Police registered a case and will I be in problem sir to this. 
What is the Indian law say about this?
Asked 7 years ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

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11 Answers

Notwithstanding anything contained in Section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code," says the mental health Act.2017

As per the Act, the government will have the duty to provide care, treatment and rehabilitation to the person, who attempts suicide and has severe stress, to reduce the risk of recurrence of attempt to commit suicide.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Attempt to commit suicide
Punishment - Simple Imprisonment for 1 Year or Fine or Both,This is a Bailable, Cognizable offence and triable by Any Magistrate. 

Contest the case on merit hire a best senior lawyer. 

You should file in written statement that by mistake you have taken BP tablets etc. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

. Attempt to commit suicide.—Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 1[or with fine, or with both].

 

So now since there is FIR you need to defend same you need to contest same based on your medical reports and mental status.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

 

Attempting suicide is no longer a crime in India with the health ministry notifying on May 29 the Mental Healthcare Act 2017 that decriminalises it.

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir 

As I dealt with several cases during my judicial service. it is dangerous situation requires the help of experienced lawyer. Don't neglect it. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Attempting to commit suicide is a crime as per Indian Law.

 

2. You shall have to appear before the Court through your Advocate on te next date of hearing to submit that you are psychologically out of your mind to commit the said act for which you are now taking treatment and should be pardoned considering it a medical disorder. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

As per IPC section 309, attempt to suicide is commission of an offence which is punishable with simple imprisonment up to one year or fine or both.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

1. Under Section 309 IPC attempted suicide is an offence. The Supreme Court has recommended repeal of this section. Similar demands have come from many other quarters.

 

2. While Section 309 IPC has not been repealed it stands practically whittled down in view of Mental Healthcare Act. Section 115 of Mental Healthcare Act runs as under:-

 

Section 115. PRESUMPTION OF SEVERE STRESS IN CASE OF ATTEMPT TO COMMIT SUICIDE.

(1) Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code.

(2) The appropriate Government shall have a duty to provide care, treatment and rehabilitation to a person, having severe stress and who attempted to commit suicide, to reduce the risk of recurrence of attempt to commit suicide.

 

3. Hence, in view of the provision of Mental Healthcare Act, Section 309 IPC is technically redundant. You may file a petition for quashing of FIR in the High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

hello

       suicide was a  criminal offense but now the offense has been repealed from the statute book and therefore suicide survivors are provided counseling sessions. you cannot be booked now. the police cannot register a case.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) When S.309 is repealed, a person cannot be punished for abetment of attempt to commit suicide. Regarding abetment, the offence is completed irrespective of the successful culmination of the offence abetted. So the Government has to legislate on the basis of the recommendation of Law Commission that when repealing S.309, persons assisting or encouraging another person to (attempt to) commit suicide must not go unpunished.

2) Attempted suicide was decriminalized with the passage of the Mental Healthcare Bill.

 

3) The relevant provision of the Mental Healthcare Bill states: "Notwithstanding anything contained in section 309 of the Indian Penal Code, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code."

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

 

As per Section 309. Attempt to commit suicide: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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