Do you know that in India, attempting suicide was once considered a criminal offense under Section 309 of the Indian Penal Code (IPC)? But now, BNS removes the Section of attempt to commit suicide from the statute, and it doesn’t entirely decriminalize the offence of attempting to die by suicide. Section 226 of the BNS states that whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both or with community service. So, an attempt to commit suicide remains a punishable offence if it is made to stop a public servant from acting.
While the perception of suicide as a purely personal choice persists, the legal framework in India tells a more complex story. Suicide is not merely an individual act; it is shaped by socio-economic, psychological, and legal factors. This article explores whether suicide can always be considered a personal choice in India, examining legal perspectives, landmark judgments, and evolving policy changes.
Introduction
Suicide is often perceived as a deeply personal decision, one that stems from an individual’s despair or mental health struggles. However, the legal system in India recognizes that suicide is not always an act of free will. In many cases, external factors such as domestic abuse, workplace harassment, financial distress, or bullying play a crucial role in pushing a person toward taking their own life.
The Indian legal framework reflects this complexity. While attempting suicide was once a criminal offense, the law has evolved to acknowledge mental health concerns. At the same time, those who instigate, coerce, or create circumstances leading to suicide can still be held criminally responsible under the law.
So, is suicide truly an individual’s choice, or is it often influenced by external pressures? Let’s examine how Indian law addresses this sensitive issue.
Suicide and the Law: A Changing Perspective
Decriminalization of Suicide: Section 309 IPC vs. Mental Healthcare Act, 2017
For many years, Section 309 of the Indian Penal Code (IPC) treated attempted suicide as a criminal offense, punishable with up to one year in prison or a fine. This law was based on the belief that suicide was an act against society and the state. However, it failed to acknowledge that individuals attempting suicide often suffer from severe emotional distress or mental illness. Recognizing this, the Mental Healthcare Act, 2017 (MHCA) changed India’s approach to suicide. The Act:
- Decriminalized suicide attempts, assuming that those who try to take their own life are suffering from mental health issues.
- Placed the responsibility on the government to provide mental health care and support.
- Aimed to reduce stigma around suicide and encourage treatment instead of punishment.
However, while attempting suicide is no longer a crime, abetment of suicide remains punishable under Indian law.
When Suicide Is Not Just a Personal Choice: Legal Provisions in India
Suicide may seem like an individual’s decision, but laws recognize that external forces often drive people to take their own lives. Several sections of the IPC or BNS hold individuals accountable for causing or influencing suicide:
- Abetment of Suicide (Section 306 IPC & 108 BNS)
This law punishes anyone who instigates, encourages, or forces another person to commit suicide. This includes verbal abuse, blackmail, persistent harassment, or extreme pressure that leads someone to end their life. Conviction under this section carries a punishment of up to 10 years in prison and a fine.
The Jiah Khan Suicide Case
In 2013, Bollywood actress Jiah Khan died by suicide, leaving behind a note alleging that her boyfriend, actor Sooraj Pancholi, had mentally harassed her. Pancholi was booked under Section 306 IPC, highlighting how emotional abuse and toxic relationships can legally constitute abetment of suicide.
- Dowry Deaths and Domestic Harassment (Section 304B & 498A IPC & Section 80 & 85 BNS)
A significant number of suicides in India are linked to domestic violence and dowry harassment. Section 304B IPC & 80 BNS deals with dowry deaths, where a woman’s suicide within seven years of marriage, due to harassment for dowry, is presumed to be caused by her husband or in-laws. Similarly section 498A IPC & Section 85 BNS penalizes cruelty against women by husbands and relatives, including harassment that leads to suicide.
Anjana Mishra Case
The 1997 case of Anjana Mishra, a woman who faced domestic abuse and dowry harassment, led to legal action against her husband after she attempted suicide. Cases like this show that when women are driven to suicide due to harassment, the perpetrators can be punished under the law.
- Student Suicides and Institutional Responsibility
India has one of the highest rates of student suicides globally. Causes include:
- Academic pressure
- Ragging and bullying
- Mental health struggles
Legal provisions to address this include:
- The Prohibition of Ragging Act, 1997, which penalizes students and institutions that fail to prevent ragging.
- The possibility of schools or coaching centers facing legal liability if they fail to provide a healthy academic environment.
The Kota Coaching Suicides
Kota, Rajasthan, known for its coaching institutes, has seen a spike in student suicides due to academic stress. The government has since introduced measures like mental health counseling, but should institutions be legally responsible? This remains a critical debate.
- Workplace Suicides and Employer Liability
Can an employer be held responsible if workplace stress leads to suicide? In some cases, YES. If an employee faces extreme pressure, harassment, or unsafe working conditions, their employer may be held accountable. Laws like the Factories Act, 1948, and POSH Act, 2013 (for workplace harassment) emphasize mental well-being in workplaces.
VG Siddhartha (Café Coffee Day Founder)
In 2019, VG Siddhartha, founder of Café Coffee Day, died by suicide due to extreme financial and business pressures. His death raised questions about corporate responsibility and the mental health of business leaders.
- Cyberbullying and Online Harassment (IT Act, 2000)
With the rise of social media, online harassment has become a major cause of suicides. The IT Act, 2000, allows legal action against cyberbullies. If someone dies by suicide due to online harassment, those responsible can face charges under Section 306 IPC & 108 BNS.
The Blue Whale Challenge Suicides
The online Blue Whale Challenge led to several teenage suicides in India, highlighting the dangers of online psychological manipulation. The Indian government responded by increasing cybercrime monitoring, but enforcing digital safety laws remains a challenge.
Conclusion: Is Suicide Ever a True Choice?
While suicide may seem like a personal decision, the legal system acknowledges that it is often driven by external pressures—social, economic, emotional, or psychological. India’s evolving legal landscape has taken significant steps to:
- Protect survivors by decriminalizing suicide attempts.
- Punish those responsible for abetment, harassment, or coercion.
- Create preventive measures in education, workplaces, and digital spaces.
However, legal action alone cannot address the deeper causes of suicide. A holistic approach including mental health awareness, policy reforms, and stronger implementation of existing laws is crucial to ensure that suicide is prevented rather than punished.
Final Thought
Suicide may sometimes appear as a personal choice, but in many cases, it is a desperate escape from unbearable circumstances. Understanding this distinction is key to building a society where fewer people feel like they have no other option.
This Post is written by Shirsti
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