Opinion: Decriminalising Attempt to Commit Suicide- A Take on the Penal Provision

This post is based on a brief part of the paper published in Statute Law Review (citation 10.1093/slr/hmv003)

The sad end to the grief- stricken life (life, in technical sense) of Aruna Shanbaug has reopened the debate of euthanasia, Right to commit suicide, assisted- suicide amongst various other issues related to our Criminal Justice System before our society and policymakers. This post is concerned, within its thin ambit, with the issue of whether decriminalising the only suicide related provision in the Indian Penal Code, which is § 309, would be a legally sound step.

It is submitted that the efforts have been undertaken by the Parliament, are mistaken even if the intention is right. To understand the argument, it would be essential and prudent to understand the origins of suicide as an offence and an offence under IPC.

Origins of Suicide as an Offence and in Context of IPC

At common law suicide was a form of homicide. In the words of Hawkins, “homicide properly so called is either against a man’s own life or that of another.”[1] While wilful homicide was felony, in cases of suicide chattels of the guilty were forfeited to the Crown.[2]

While suicide per se is not defined in the Indian Penal Code, however, by referring to Lord Macaulay’s Indian Penal Notes one can understand Macaulay interpreted Suicide to be a “self- murder”.[3]

The interpretation is also clearly borne out from the provisions defining ‘culpable homicide’[4] and ‘murder’[5] since these provisions hold killing as an offence without stating any qualification that person killed and person killing cannot be the same person. Therefore, merely by repealing § 309[6], suicide as an offence of self- murder would still remain.

distinction between “An Act Forbidden by Law” as opposed to “An Act Made Punishable by Law”

Here, it is important to distinguish between ‘an act forbidden by law’ as against ‘an act made punishable by law’. The issue arises as to why while Indian Penal Code forbids culpable homicide/ murder and punishes it, the latter provision, i.e. for punishing (different from forbidding) suicide is not there with respect to suicide cases.

The answer can be found in the decision in the case of Chikkam Ammiraju And Ors. v. Chikkam Seshamma And Anr,[7] where the Court opined that it is simply due to the fact that there is no one left to be punished and consequently, the case is beyond the Court’s jurisdiction.

Conclusion

Therefore, in light of the above discussion, it is submitted that there is a need to study the statutory framework, else every step sought to be taken (how mighty be the intentions), would be rendered redundant.

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[1] Pleas of the Crown, Book I, Chapter 9.

[2] ‘Law and Morality’, edited by Louis Bloom Cooper and Gravin Drewry, pp. 201-7 (1976).

[3] Indian Penal Code with Notes by W. Morgan and A.G. MacPherson, Harvard Law School Library, pp. 273, 276

[4] S. 299, Indian Penal Code 1860 states, “Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.”

[5] S. 300, Indian Penal Code 1860 states, “Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death…”

[6] S. 309, Indian Penal Code 1860 states, “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year or with fine, or with both.”

[7] (1917) 32 MLJ 494, para 16. (Chief Justice John Wallis in Majority Opinion)