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Can A Suicide Attempt Get You In Jail If Not successful?

Can A Suicide Attempt Get You In Jail If Not successful?

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Suicide Attempt

Suicide attempt has become a serious concern, but it fails to be classified under section 309 of the Indian Penal Code as a criminal offence. In this blog, we have examined the unexpected effects of Section 309 of IPC (Indian Penal Code) and the laws around the same in different parts of the world. It also covers the debated points and why there’s a need to decriminalise suicide attempts in India.

Actional And Legal Status Of Suicide Attempt In India

  • Under Article 21 of the Indian Constitution, “nobody, save under the process laid down in the law, shall be deprived of his life or personal liberty.”
  • As long as it deals with the right to life or freedom, the Constitution does not mention, “right to death”. The threats to end one’s life are not treated as being subject to the rule of law.
noose

via vakilno1

  • In the light of Section 309, many questions are posed.
  • It is defined as a crime under Chapter XVI of the Indian Penal Code. Other offences in this category include the crimes committed in “other person’s human body”. The suicide attempt in this category is classified as the same.
  • The suicide attempt is based on an intention that is based on circumstances. In some cases, however, the purpose is vague or contradictory.
  • There are not many individuals interested in the legal prosecution of attempted suicide as a state crime.
Indian suicidal law

via google

Countries That Consider Suicide Attempt As Crime

  • Some countries are currently criminalising non-fatal suicide. These include the following: Kenya, Malawi, Nigeria, Rwanda, Tanzania, Uganda and Ghana.
  • In Rwanda, a person who commits non-fatal suicide actions is liable for 2-5 years of jail. In Uganda, fatal suicide is a crime punishable by imprisonment for up to 2 years. Non-fatal suicide is considered an offence under the Ghana Criminal Code (Act 29, 1960).
Nigeria map

via cdc

  • The countries that continue to criminalise suicide attempts include India, Pakistan, Malaysia, Bangladesh, Singapore and South Asia.
  • An individual trying suicide in Singapore can be jailed for up to 1 year. North Korea also criminalise suicide but with special discouragement. Here the victim’s families and friends can be punished for suicide as group punishment!
Suicide Attempt

via medium

Attempted Author Prosecution In India

  • Recently, there have been some high-profile cases of social or political fasting to death.
  • In a call for better local laws to motivate the residents, Anna Hazare declared his death in August 2011, in Delhi, during his quick-to-fast strike.
  • The police then intervened when the doctors indicated a health risk for 12 days with public assistance.
  • A similar case was of the Iron Lady of Manipur. Irom Chanu Sharmila launched a hunger strike a decade ago. She demanded that the Armed Forces Special Power Act in Manipur must be abolished.
  • She was forcibly fed by a nasal tube, then seized and freed by the police several times.

Should India Decriminalise Suicide Attempt?

  • The latest measures for decriminalisation the suicide attempts are commendable. But, there’s a long overdue for suicide decriminalisation in India.
  • Decriminalisation reduces anxiety and prosecution after a suicide attempt.
  • However, the protection of mental wellbeing needs to be improved. It has been seen that a system must be made to give all suicidal seekers critical mental health care.

Blog Edited By Ritika Gupta

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