Is Failure In An Attempt To Suicide Still A Criminal Offense And Punishable?
Attempted suicide is a severe issue that necessitates mental health interventions; it is nonetheless considered a crime under Indian Penal Code section 309. The unintended implications of section 309 IPC, reviews the worldwide legal position in various geographic areas and emphasizes the necessity of decriminalizing attempted suicide in India. The Rajya Sabha (upper house) is still debating the Mental Health Care Bill, 2013, which makes the suggestion that attempted suicide not be treated as a crime.
The decriminalization of suicidal attempts will reduce the excessive stigma, prevent punishment in the wake of the tragedy, and result in a more accurate collection of statistics relating to suicide. Also, Criminal Lawyer In Ghaziabad and from all over the country are still trying to make help everyone who attempted suicide. From a standpoint, it will underline even more how vital it is to create a framework for providing mental health treatment to everyone who attempts suicide.
A non-fatal, possibly harmful behaviour that is self-directed and done with the purpose to harm oneself is referred to as a suicide attempt. In India, suicide claimed the lives of more than 1 lakh people (1,35,445) in just a year in 2012.The number of suicides in the nation increased by 22.7% over the course of the decade (2002–2012). (1,35,445 in 2012 from 1,10,417 in 2002) At least 20 times more people attempt suicide than actually commit it. One-third of people who exhibit non-fatal suicidal behaviour repeat it within a year, and nearly 10% do so ultimately. Suicidal attempts are no longer punishable offenses in the majority of countries around the world, but India still does.
According to research, psychiatric disorders are a major
contributing factor to nonfatal suicidal conduct. Depression and other mental
diseases are risk factors for nonfatal suicide attempts by adults or young
people. Other risk factors include childhood adversities like sexual or
physical abuse, alcohol or drug abuse, stressful life events like a loved one's
death, the end of a job or relationship, financial ruin, impending criminal
prosecution, and having a terminal illness or just receiving a terminal
diagnosis. In essence, those who make suicide attempts need assistance rather
than punishment because they are more likely to have a high psychiatric or
psychological morbidity.
The article explores the unintended implications of section 309 IPC, reviews Indian and foreign legal perspectives on attempted suicide, and emphasizes the necessity of decriminalizing attempted suicide in India. For this, a review of the scientific literature that has already been published was done, and data from various Indian sources and publications were added. It was decided that physician-assisted suicide and euthanasia should be the subject of a separate article and are outside the scope of this one.
The Legal Status of the Attempt to Suicide in India
Article 21 of the Indian constitution stipulates that no one "shall be deprived of his life or personal liberty unless in line with the method prescribed by law." The "right to die" is not protected by the constitution, which only protects the rights to life and liberty. The constitutional right to life is not thought to apply to attempts to end one's own life.
Several issues are brought up in relation to section 309. The first is that it falls under the classification of offences described in Chapter XVI of the Indian Penal Code. The suicide attempt is included in the same category of crimes as all other crimes, including those committed to the "human body of the other person." Based on the inference of intention from the facts, an act of attempted suicide is assumed to have occurred. However, in many instances, the aim may be murky or ambiguous. Additionally, there aren't many supporters of treating suicide attempts as crimes against the state under the law.
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