Suicide is fundamentally an attempt made by an individual to bring an end to his life. The attempt to commit suicide can be because of many factors like mental stress or illness. Thus, it is necessary to understand the true intention of the individual for inducing in such an act before holding him punishable under Section 309 of the Indian Penal Code.
The prestigious article in our constitution Article 21 provides the Right to Life to all but it does not embrace within its scope the impression of the Right to Die. The notion that if a person committing suicide fails will be prosecuted under section 309 of IPC is inappropriate to an extent. The MHA is special legislation that needs to be taken into consideration. According to WHO, approximately 59 countries have decriminalized the attempt of suicide by a person.
This is a topic of foremost concern that needs to handle with gentle care rather than imprisoning the personnel’s or imposing fine on them. Is it a settled principle that special laws will prevail over general laws, it is high time that the officials should keep themselves updated with omissions or additions in our laws. Thereby, considering the booking of a person under section 309 IPC is totally void.
Key Words: Section 309, Section 115 MHA, Decriminalizing, Attempt to Suicide