What is Section 309 IPC? Attempt to commit suicide

Published on: Lawiz Team

Learn about Section 309 IPC: Attempt to commit suicide

Official Legal Text

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.

What This IPC Section Means – Explained in Simple Words

Section 309 punishes anyone who attempts to commit suicide.

Purpose

To discourage individuals from attempting to take their own lives.

Bailable or Not Bailable & Punishment

Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both. (Note: Decriminalized under the Mental Healthcare Act, 2017, but still exists in the IPC)

Scope and Application

Applies to any person who tries to commit suicide, regardless of the method used.

Important Legal Points

The law has been criticized for criminalizing suicide attempts instead of providing mental health support.

Illustrative Example

If a person consumes poison intending to end their life but survives, they are punishable under Section 309.

Exceptions and Special Cases

The Mental Healthcare Act, 2017, provides that individuals attempting suicide should be provided with care and treatment instead of punishment.

Punishment Details

Simple imprisonment for a term which may extend to one year, or with fine, or with both.

FAQs

What is Section 309 IPC about?

Official legal meaning and explanation of Section 309 IPC.

What is the punishment under Section 309 IPC?

Punishment details under Section 309 IPC.

Is offence under Section 309 IPC bailable?

Depends on the seriousness and nature of offence under Section 309 IPC.

Is Section 309 IPC a cognizable offence?

Generally based on severity; needs proper case-by-case analysis.

How to file a case under Section 309 IPC?

Visit local police station, file FIR, submit necessary evidence.

How can a person defend against Section 309 IPC charges?

Possible defences include lack of intention, false accusation, or absence of legal ingredients.

Which court handles cases under Section 309 IPC?

Usually Magistrate Court or Sessions Court depending on punishment prescribed.