Kapil Sharma and Yogita Sharma
In wake of growing trend of suicides by young women and later booking of their relatives or friends for abetment to suicide, we need to know the legal aspects of suicide and its abetment.
The same is discussed in the present article. Interestingly, the term ‘suicide’ is not defined in the Indian Penal Code, 1860. However, in general the word ‘suicide’ is stated to mean an intentional killing of one self. Suicide in itself cannot be an offence therefore, attempt to suicide and abetment of attempt to suicide, are the two distinct offences, provided under Indian Penal Code. It can be observed that, while, there is no punishment for the completed act but the law makes sure that the individuals who are not able to accomplish the act, are punished as punishment for suicide would act as a deterrence. In India, attempt to commit suicide is punishable under section 309 of the Indian Penal Code. Section 309 of the Indian Penal Code thus reads as: “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.” The above section has been the subject of controversy in many cases, especially over the last two decades. Most notably, the subject was under scrutiny in the cases of P. Rathinam v. Union of India and Gian Kaur v. State of Punjab. In the former case, the Division Bench of two Judges of the Supreme Court held
section 309 as ultra vires of the fundamental right to life and personal liberty enshrined under Article 21 of the Constitution of India. In the later case, a Division Bench of three Judges of the Supreme Court had to decide the validity of P. Rathinam. The earlier decision of Supreme
Court in P. Rathinam was overruled and the Court held that section 309 was neither violative of Article 21 nor Article 14 (Right to Equality) of the Constitution and that right to life does not include right to die. It is also important to note that the Law Commission of India has also recommended decriminalising of attempt to commit suicide in its 42nd and 210th reports. So far, the law on attempt to commit suicide is still based on the ruling of Supreme Court in Gian Kaur’s case.
The other offence relating to suicide is Abetment of suicide which is punishable under section 306 and 107 of the Indian penal code, 1860. A person is guilty of abetment, when he instigates someone to commit suicide, he is part of a conspiracy to make a person commit suicide or he intentionally helps the victim to commit suicide, by doing an act or by not doing something
that he was bound to do.
A special provision with respect to dowry deaths and cruelty to women has been made under section 113-A and B of Indian Evidence Act, 1872. It states that where a woman has committed suicide within seven years of her marriage because of violence by her husband or relatives and the prosecution proves the above; the court presumes that the husband or his relatives abetted the suicide. Where the woman committed suicide after seven years of her
marriage, no presumption will be made. The prosecution has to prove beyond reasonable doubt that the cruelty was of such a nature that it drove the woman to commit suicide. Now the question arises that in case, a person is victim under Section 306, Abetment of Suicide, Section 107 – General abetment or 498A – Cruelty under Indian Penal Code where and to whom the complaint should be made?
1. Information should be given to the SHO of the concerned police station for lodging an FIR.
2. If the police officer refuses to lodge an FIR, a written complaint can be sent to the Superintendent of Police either by post or in person explaining the facts of the case. If the superintendent thinks that the case relates to a cognisable offence, he / she will either investigate the case personally or direct some officer to investigate the matter.
3. If no action is taken by the superintendent, an application before the Magistrate can be moved, asking him / her to direct the police to register the FIR.
4. One can also approach the State Legal Service Authority, for setting the machinery of law into motion and also for legal advice in the same context.
On the whole, the growing menace of suicidal death is increasing in today’s society and this menace can be overcome only when our youth is strengthened to meet the challenges of life, which is a beautiful gift to us by the God. In the end I am reminded of a famous quote by “Life is really simple, but we insist on make it complicated”.
