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  • leadindia836
    • Feb 4, 2023
    • 3 min read

Do I Hire A Lawyer For My Unsuccessful Suicide Attempt

Although attempted suicide is a severe issue that necessitates mental health interventions, it is nonetheless considered a crime under Section 309 of the Indian Penal Code

Section 309 of the Indian Penal Code: a Crime or Not

Under Section 309, the Indian Penal Code of 1860 establishes an offense for attempting to commit suicide. It should be mentioned that while suicide itself is not a crime under the Indian Penal Code, an attempt to commit suicide is now sanctioned by Section 309. The latter was done while taking into account Mens rea, one of the key components of the crime.

Therefore, anyone who attempts suicide or engages in conduct that contributes to the conduct of such an offense is subject to a sentence of simple imprisonment, which may last up to one year, a fine or both.

The general public has a number of misconceptions regarding Section 309 of the Code, and many of them think that it has already been repealed by the legislature and the Supreme Court of India. Few people think this provision should be decriminalized, despite the fact that some have declared it to be unconstitutional.


Role of Judiciary

It is necessary to consider certain important judgments rendered by the judiciary all throughout India in order to comprehend the validity of Section 309 of the Indian Penal Code.

In the case of Chenna Jagdeshwar v. State of Andhra Pradesh (1988) the court ruled that Section 309 of the IPC is not unconstitutional because the right to die is not considered a fundamental right under Article 21 of the Indian Constitution.

In the case of Gian Kaur v. State of Punjab (1996) the court clarified the legitimacy of Section 309 of the Code of 1860 by ruling that the right to life guaranteed by Article 21 of the Constitution does not encompass the right to life or the right to die.

Role of a Lawyer for Unsuccessful Suicide Attempt

  • They Prepare Facts and Evidence- The lawyers analyze the facts and circumstances of the suicide without being guided by the emotions of the client, which can put him/her in trouble before the court.

  • They Prove the Acts of the Suicide- The lawyers must produce evidence of both direct and indirect activities of enticement to commit suicide in cases of suspected abetment of suicide.

  • They Establish the Reason for Suicide- The lawyers must prove that their client’s suicide was forced and caused by some other person so that the person can be convicted for abetment to suicide under the virtue of Section 306 of the Indian Penal Code.

  • They Try to Decriminalize the Offence- The lawyers help in proving the decriminalization of suicide attempts which will lessen stigma and avoid punishment when an incident occurs.

  • They Prove Negligence- The lawyers can prove that one’s death was a result of negligence. For example- Some antidepressant drugs may make some people contemplate suicide. A doctor may be negligent if they under-monitor a patient and that they end up taking their own life.

  • They Protect from Punishments- The lawyers work as a source of defense against adamant prosecutors in the legal team. They help their client avoid and be shielded from severe punishments.

  • They Help in Providing Assistance- The lawyers protect the person who attempts suicide by helping them get mental assistance rather than punishment due to the great danger of mental or psychiatric disorder.

Any type of punishment given for attempting suicide will simply cause the person's mental health to worsen, which will have much more disastrous effects.

Any person who has experienced a chemical imbalance in the brain to the point where he commits suicide requires additional medication and counseling in order to regain life's natural tendency toward self-preservation instead of receiving further punishment for attempting it.

Such a person needs to have their psychological, mental, and physical state evaluated medically.

You will need a Criminal lawyer for your unsuccessful suicide attempt and handle all the legal proceedings in case of any suicide case on your behalf. If criminal cases for unsuccessful suicide attempt are filed in Mumbai, then criminal lawyers in Mumbai can be appointed. Likewise, criminal lawyer in Delhi can be assigned if any criminal cases for unsuccessful suicide attempt are filed in Delhi.

From Lead India, you can talk to a lawyer. You can ask a legal question online for free at Lead India, giving you access to free legal advice online.

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