210th Report on Humanisation and Decriminalisation of Attempt to Suicide
Dear Dr. Bhardwaj ji,
Sub: Humanization and Decriminalization of Attempt to Suicide.
I have great pleasure in submitting herewith the 210th Report of
the Law Commission of India on the above subject.
In our country, attempt to suicide is an offence punishable
under section 309 of the Indian Penal Code. Section 309 reads thus:
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.”
Article 21 of the Constitution of India enjoins that no person
shall be deprived of his life or personal liberty except according to
procedure established by law.
A Division Bench of the Supreme Court in P. Rathinam v.
Union of India (AIR 1994 SC 1844) held that the right to live of
which Article 21 speaks of can be said to bring in its trail the right not
to live a forced life, and therefore, section 309 violates Article 21.
This decision was, however, subsequently overruled in Gian Kaur v.
State of Punjab (AIR 1996 SC 946) by a Constitution Bench of the
Supreme Court, holding that Article 21 cannot be construed to include
within it the ‘right to die’ as a part of the fundamental right
guaranteed therein, and therefore, it cannot be said that section 309 is
violative of Article 21.
The Law Commission had undertaken revision of the Indian
Penal Code as part of its function of revising Central Acts of general
application and importance. In its 42nd Report submitted in 1971, the
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Commission recommended, inter alia, repeal of section 309. The
Indian Penal Code (Amendment) Bill, 1978, as passed by the Rajya
Sabha, accordingly provided for omission of section 309.
Unfortunately, before it could be passed by the Lok Sabha, the Lok
Sabha was dissolved and the Bill lapsed. The Commission submitted
its 156th Report in 1997 after the pronouncement of the judgement in
Gian Kaur, recommending retention of section 309.
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