About IPC,history, and IPC section 309,definition, punishment, case study

1. By Y. Anushya

2. SYNOPSIS
INTRODUCTION
HISTORY
IPC SECTION 309
EXPLANATION
PURPOSE
CASE CONSIDERATION
CASE STUDY

3. The Indian Penal Code is the official criminal code of the
Republic of India. It is a complete code intended to cover all
aspects of criminal law.
It was enacted on 6 October 1860
It was commenced on 1 January 1862
The IPC in its various sections defines specific crimes and
provides punishment for them. It is subdivided into 23 chapters
that comprise 511 sections

4. HISTORY:
• The first draft of the Indian Penal Code was prepared by the First
Law Commission, chaired by Thomas Babington Macaulay. The
draft was based on the simple codification of the law of England,
while at the same time borrowing elements from the Napoleanic Code
and Louisiana Civil Code of 1825.
• The first draft of the Code was presented before the Governor-
General in council in the year 1837, but subsequent revisions and
amendments took two more decades. The complete drafting of the
code was done in 1850 and presented to the Legislative Council in
1856. It was delayed being placed in the statute book of British India
due to the Indian Revolt of 1857(statute means a written law passed
by a legislative body).

5. 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 1 [or with fine, or with both.]
It comes under chapter 16 – Offense against human body

6. Section 309 of the Indian Penal Code,1860 is levied when a person has
tried to commit suicide, had taken the necessary steps to commit it
but at the end is saved somehow and could not commit suicide.
The crime of committing suicide is the only one that is not punishable
after the crime is done.
Committing suicide is a crime, but as the principle of law says that the
person after suicide cannot be punished because the person is dead, so
when a person did not succeed in committing suicide after attempting
to do it and survives, it is also a crime. It is because according to the
Indian Constitution, even attempting to commit suicide is considered
a crime.

7. The crime of attempting to commit suicide is covered under
Section 309 of the IPC.
This law was brought in by the British in the 19th century.
The main purpose behind making this law was to stop people
from taking any such measure to end their life. This reflected
the thinking of the time when killing or attempting to kill
oneself was considered a crime against the state, as well as
against religion.

8. FOR A CASE TO BE CONSIDERED AS AN
ATTEMPT TO COMMIT SUICIDE, THERE
ARE TWO IMPORTANT POINTS:
1. The intention of dying is necessary -Doing an
action that could lead to the death of the person
doing it, with the intention of dying means
attempting to suicide. But if someone performs an
action in self-defence or with any other intention
other than taking his/her own life would not come
under attempting to suicide.

9. For example- In a village, a couple had some disagreement
and fought. After which the husband threatened to beat up his
wife.
That night, the wife tried to elope with her 6-month-old baby.
But she thought that somebody was following her.
Thinking it was her husband, she got scared that he would
beat her up, along with her baby jumped in a nearby well,
thinking she would be safe from her husband.
but that step led to the death of the baby but she was saved.
This case would not be a case of an attempt to suicide because
she had no intention of dying, she just tried to save herself
from her husband

10. 2. Action must be taken for committing suicide and
not only mere preparation to do it –
Only by mere thinking of committing suicide, a person
cannot be held liable for the attempt of it. He/She has to
take some action and then only he/she can be charged
with the offence under Section 309 of IPC. Similarly,
only preparing the things needed to commit suicide is
not enough for it to charge as an offence

11. For example- a boy thinking of committing suicide,
arranged the woods necessary so that he could burn
himself to death.
He made a pile of wood and sat in between them but
did not burn fire.
Before he could light the fire, police came and arrested
him under Section 309.
But in this case, he would not be guilty because he had
not lit up the fire yet and his mind could have changed
any second before actually the fire was lit.

12. Rajasthan High Court case –
Nikhil Soni vs Union Of India & Ors. on 10 August, 2015
This is a very famous case and the court here ruled that the Jain
practice of Santhara was made punishable under Section 309, a
practice where the Jain priests decide to die by not consuming any
food or liquid and sitting at a single place and then gradually their soul
would leave their body. The Rajasthan High Court held that this is as
good as a suicide so it would be considered as attempting to commit
suicide under Section 309. And the priest would also be convicted
under Section 306, which is an abetment to suicide as it encourages the
Jains to perform similarly under religious beliefs.

13. SANTARAAND IT’S PROTEST

14.  Section 309 of IPC (legalserviceindia.com) on 1/5/2023
 IPC Section 309 - Attempt to commit suicide - Punishment and bail (lawrato.com) on 1/5/2023
 Section 309 in The Indian Penal Code (indiankanoon.org) on 1/5/2023
 All about Section 309 of the Indian Penal Code, 1860 – iPleaders on 1/5/2023
 www.aaptaxlaw.comon 1/5/2023