Indian Penal Code (IPC) S. 309. Attempt to commit suicide.
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 [i][or with fine, or with both].
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More details about this Section |
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Cognizable or not? |
Cognizable |
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Whether Bailable? |
Bailable |
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Compoundable or not? |
Not compoundable |
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Triable by whom? |
Any Magistrate |
NOTE: Section 309 IPC should now be read along with Section 115 of the Mental Healthcare Act, 2017, which is reproduced as under:
“115. Presumption of severe stress in case of attempt to commit suicide.— (1) Notwithstanding anything contained in section 309 of the Indian Penal Code (45 of 1860) 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.”
It is pertinent to point out that Section 1(3) of the Mental Healthcare Act, 2017, lays down that, “It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; or on the date of completion of the period of nine months from the date on which the Mental Healthcare Act, 2017 receives the assent of the President.” It is noteworthy that the Mental Healthcare Act, 2017, received the assent of the President of India on 7th April 2017. Therefore, this Act will come into force latest by 8th January 2018, if notified to come into effect earlier by the Central Government.
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