Summary: Is attempted suicide punishable in India? This blog explains how Indian law has shifted from punishment to protection with the decriminalisation of attempted suicide. It traces the journey from Section 309 of the IPC to its removal under the Bharatiya Nyaya Sanhita, alongside the role of the Mental Healthcare Act, 2017. The piece unpacks why decriminalisation matters for reducing stigma, improving reporting, and strengthening suicide prevention, while clarifying what the law still penalises, including abetment and specific exceptions under Section 224 of the BNS. It also outlines what must follow legal reform: clear police guidelines, health-based data collection, trained frontline workers, and community-led care.
Imagine that someone is caught in a rip current. For decades, the law stood on the shore and shouted instructions about swimming better. Decriminalisation is choosing to send a lifeguard instead, recognising that people get pulled under because they’re overwhelmed, not because they’re careless.
From Punishment to Protection: Understanding the Decriminalisation of Attempted Suicide in India
For over a century, the Indian legal system operated under a colonial-era shadow regarding mental health crises. Section 309 of the Indian Penal Code (IPC) classified attempted suicide as a criminal offence, effectively punishing individuals with potential imprisonment or fines at their most vulnerable moments. However, a transformative shift is occurring as India transitions to the Bharatiya Nyaya Sanhita (BNS), a new penal code that officially removes provisions criminalising attempted suicide.
The Long Road to Reform
The journey toward this legislative change has been lengthy. While the first attempt to repeal Section 309 occurred in 1978, the bill lapsed before it could be passed. Decades later, the Mental Healthcare Act, 2017 (MHCA) made significant strides by stating that an individual who attempts suicide should be presumed to be under severe stress and should not be prosecuted.
Despite this, Section 309 remained in the IPC, creating a legal grey area. This "lingering presence" often led to continued harassment by police and the mandatory registration of medicolegal cases, which discouraged many from seeking help due to fear of legal repercussions and social stigma. The BNS aims to resolve this confusion by entirely removing Section 309.-
Why Decriminalisation Matters
The shift from a punitive approach to a supportive one is backed by global evidence and humanitarian concerns:
Destigmatisation: Criminalisation fosters a culture of blame, deterring individuals from seeking professional help. Accurate Data: When suicide is treated as a crime, incidents are often underreported. Evidence from countries like Sri Lanka and Singapore shows that suicide rates often appear to drop—or reporting becomes more accurate—following decriminalisation.
Effective Prevention: A prior suicide attempt is a strong predictor of future risk. Providing mental health support rather than punishment is essential for long-term prevention.
The New Legal Landscape: Section 224 and Abetment
While the BNS removes the general criminalisation of attempted suicide, there is a specific exception. Under Section 224 of the BNS, attempting suicide with the intent to compel or restrain a public servant from their official duties remains a punishable offence. This is likely intended to deter self-immolation or hunger strikes used as forms of protest. Notably, this section introduces community service as an alternative to imprisonment or fines.
Furthermore, while attempted suicide is decriminalised, the abetment of suicide remains a punishable offence. This creates a procedural challenge: without the mandatory registration of medicolegal cases, it is currently unclear how the police will investigate potential abetment in cases of attempted suicide.
The Path Forward: Beyond the Law
Successful decriminalisation requires more than just changing words in a law book. To truly support those in crisis, the transition must include:
Clear Guidelines: The Ministry of Home Affairs must provide specific protocols for police and frontline workers on handling suicide attempts without treating them as crimes.
Health-Based Statistics: Following World Health Organization (WHO) recommendations, suicide should be reported within health statistics rather than crime statistics – collected within health management information systems or through community surveillance
Training and Surveillance: There is a pressing need to train medical professionals to identify, document, and train medical professionals to sensitively handle attempts and to create a centralised database for researchers and policymakers.
Community-Based Care: Initiatives like the STRIDE project in Odisha and safety planning projects in Chhattisgarh are already working to strengthen suicide prevention through law enforcement training and community health support. These interventions reducing stigma and fear among individuals in distress, thereby facilitating timely and safer engagements healht and law enforcements officials.
The repeal of Section 309 is a significant milestone, but its success depends on a collaborative effort to replace a culture of policing with a culture of care.
Source
Decriminalisation of attempted suicide: The implications of the Bharatiya Nyaya Sanhita Bill, 2023
Key takeaways- Official Repeal: The Bharatiya Nyaya Sanhita (BNS) entirely removes IPC Section 309, ending the era of criminalising suicide attempts.
- Support Over Punishment: Individuals are now presumed to be under severe stress, shifting the focus from legal prosecution to mandatory government support.
- Specific Exception: Attempting suicide to compel or restrain a public servant (such as during hunger strikes) remains a punishable offence under BNS Section 224.
- Improved Reporting: Removing criminal penalties helps reduce social stigma and encourages more accurate data collection for suicide prevention.
- New Protocols Needed: Clear guidelines are required for police and health workers to transition from "medicolegal cases" to health-based statistics and psychosocial support.
- Abetment Challenges: While attempts are decriminalised, abetment of suicide remains a crime, requiring new procedural rules for investigations.
