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Better Sense Prevailed Attempt to Sucide No More a Crime in India

By Divyanshu Rai , Radhika Indapurkar

Published In

( Jan 2015 - Research )

The fact that an attempt to suicide is punishable in India often made one ponder over the reason behind such a law. The rationale behind Section 309 of the Indian Penal Code of 1860, which criminalised the attempt to suicide was never sufficiently convincing. To our understanding, the idea of punishing someone who attempted suicide is not just illogical and unexplainable, but also utterly insensitive and archaic. Expectedly, there has been a raging debate on the issue for quite a long time now. Fortunately, it has culminated into the recent decision of the Union Government to decriminalize attempt to suicide by repealing Section 309 of IPC. This article aims to trace the legal development on the issue in India, to discuss the views of the Indian judiciary in this regard, to highlight the recommendations of the Law Commission of India in light of Article 21 of the Constitution. Section 309 of the IPC reads as ‘whoever attempts to commit suicide and does any act towards ....

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