Open Access Research Article
A STUDY ON ATTEMPT TO COMMIT SUICIDE
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Article Details
A STUDY ON ATTEMPT TO
COMMIT SUICIDE
AUTHORED BY -
SOUMYA TURKAR
ABSTRACT
In India, attempt to
commit suicide is punishable under section 309 of Indian Penal Code. Attempt to
commit suicide is the major problem across the world. A person with a fit body
cannot be called healthy if they have suicidal thoughts. A person who feels
moody and melancholy and threatens to commit suicide may have that intention,
but he cannot be convicted of an attempt. An attempt implies at least an act
towards the commission of suicide, such as drowning or poisoning or shooting
oneself. According to the figure of NCRB report [National Crime Records
Bureau], the number of suicide cases had increased around 27.7% in just 10
years from 1995 to 2005. Nearly 2,80,000 are of the 10-29 age group and around
2,50,000 of 30-50 groups. According to The WHO [World Health Organization]
estimates, India has the 41st highest suicide rate globally, as of 2019. Russia
ranks 11th, with a suicide rate of 21.6, while it is in the US. We
can take measure steps to control suicidal case. The national suicide
prevention lifeline is available on the Internet here are many apps available
that have been created to help people access the resources and tools they need
when they are in distress. Right to live would include right to die with
dignity at the end of life and it should not be equated with right to die an
unnatural death curtailing natural span of life. Thus section 309 as a law
should be amended suitably keeping in view the kind of people who attempt
suicide.
INTRODUCTION
Suicide is derived from the
Latin word which means “self-murder”. The term sui means “self’’ and cide means
“killing” thus implying an act of self-killing[1]. According to section 309 of Indian penal code,
1860 “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.]. Committing
suicide is the major problem across the world. Further, suicide is increasing
every year. Suicide is a cause of death for a wide range of illness like depression,
anxiety, schizophrenia, among others. It is difficult always to comprehend the
reason why a person commits suicide it is because self-preservation is this
strongest instinct of all living beings. We are obliged not my other consider
ending their life. Suicide is especially a critical factor in our society
during the ongoing pandemic. People are logged tight in their homes, with
sometimes no one to share their woes. People who suffers from depression or
having genetic vulnerability have more tendencies to act on their suicidal
thoughts. Hence, mental health is such
an important issue. People need to be made aware of the simple solutions to
their mental health issues. There remains a stigma in society about the people
who project the mental health specialist. Many considered that mental health
problems are not actually problems but are rather of fiction of their
imagination. The thought creates fear among people who need to visit the
specialist Since they are afraid to being labeled as ‘mad’ or afraid they will
be shunned.
Ultimately, the reality
remains that the ambition to commit suicide results from disconnection with
other people, tragic sadness, or great, unbearable loss. Many religions around
the globe consider suicide to be a sin. On, a different note, euthanasia is
also the willing termination of a person's life, but it is much more or
understandable since they are in great physical pain. But such a thought in a
physically healthy individual is often incomprehensible we must extend our
efforts to our friends and family and make an effort to understand their pain.
We can lend an empathetic to their problems. Often, showing genuine concern
about someone who is ill can courage them to visit the doctor.
Suicide is an alien
thought for most of us but we can accept that such extreme feelings exist
capable of taking someone's feel miserable. People who are suffering from
deteriorating illnesses therefore have to visit her mental health specialist.
The diseases of the mind are just as fatal as the diseases of our body. A
person with a fit body cannot be called healthy if they have suicidal thoughts.
Many people who suffer from depression speak of pain in different parts of
their bodies they cannot describe. They are unsure of how they are feeling and
try to separate themselves from other social contacts. Therefore, people should
check for these signs and the people close to us and talk to them if necessary.
Let us vow to make the people surrounding our lives healthy and happy and visit
the doctor if we have negative thoughts.
WHAT IS AN
ATTEMPT TO COMMIT SUICIDE?
A person who feels moody and
melancholy and threatens to commit suicide may have that intention, but he
cannot be convicted of an attempt. An attempt implies at least an act towards
the commission of suicide, such as drowning or poisoning or shooting oneself.
If a person throws himself into a well with a view to drowning himself, and if
rescued, he is guilty of such an attempt as is punishable but, if he runs to a
well with a view to drown himself, but is rescued before he throws himself into
it, he could not be convicted of an attempt: for his act was a mere preparation
to commit an act, and before committing which he might have changed his mind.
So the pounding of oleander roots with an intention to poison oneself with the
same, does not constitute an attempt to commit suicide. In the instant case, a
woman who was in an advanced stage of pregnancy and had been driven almost
frantic by the pains of prolonged labor attempted to take her own life by
throwing herself down a well. She was actually delivered of a child while in
the well. The unfortunate infant was born dead. Held that she has been rightly
convicted of an offence under Sec. 309, I.P.C., and that she had not committed
the offence of attempting to cause herself to miscarry. However, Section 306 of the Indian Penal Code, 1860
states that “If any person commits suicide, whoever abets the commission of
such suicide, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.”
Suicide has not been defined in any statute, but the
National Crime Records Bureau (NCRB), in its yearly report, ‘Accidental Deaths and Suicide in
India,’ has defined
suicide and laid out its essentials as an “intentional ending of life.” The
most significant element of suicide are-
(i) it must be a non-natural death,
(ii) the desire to die must come from within the individual,
and
(iii) the ending of life must be backed by a reason.[2]
Hunger-Strikers: - Every hunger striker will not injure
the penalty under the section 309 of Indian Penal Code. When a person goes on
hunger a stage may be reached at which death is certain unless prompt
action is taken to prevent it by administrating nourishment to that sinking
person, if at such a critical stage the person still refuses nourishment it
could be said that there is an attempt to commit suicide. Mere refusal to take
food even for a short period would not amount to any conscious effort to put an
end to one's life.[3]
Suicide for
starvation: - In Ram
Sundar Dubey v. State, where the accused went on hunger- strike to get
his demand fulfilled by his employers, the question before the court was
whether no offence under Section 309, I.P.C., was made out. To answer these
questions the court observed that the peculiar difficulty about suicide by
starvation is that it is a long-drawn-out process, which can be interrupted or
given up at any stage (except perhaps the very last). Unless there is some
overt declaration by the accused office intention to fast to death. It is
difficult to show that he really intended to preserve to the bitter end[4].
And even if there is such an intention at the beginning, one has always to make
allowance for the possibility of the accused changing his mind and breaking his
fast before it becomes dangerous .It may be remembered that if a person, yes that he will fast to death so it's
previous all nourishments until the stage is reached when there is imminent
danger of death ensuing, he can be held guilty of the offence of attempted
suicide. But where the evidence falls short of this it can scarcely be said to
be sufficient to substantiate the charge.[5]
STATEMENT
TO COMMIT SUICIDE BE A CRIME?
In India, attempt to
commit suicide is punishable under section 309 of Indian Penal Code. According
to Section 309 of the Indian Penal Code “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.]. but right to life, which is described under Article 21 of the
Indian constitutions also aids in giving citizen as a right to live a life of
dignity. The conflict, however, being here. Liberty is granted to an individual
but no such right it's given to end his life with his own twill. In case of P.
Rathinam v. Union of India and Smt. Gian Kaur v. State of Punjab. In P.
Rathinam, the Supreme Court held the right to die as an aspect of article 21.
Those held that section 309 was violated of Article 21 of the constitution Inasmuch as right to live
includes right to die or right not to live a first life and the section
interferes with that right[6].
However, any questions on attempt to commit suicide was categorically overruled
in the case of Smt. Gian Kaur. The court held that the right to die cannot be
constructed from right to life under Article 21. The court stated, “right to
life is a natural right embodied in article 21 but society is an unnatural
terminations or extinction of life and therefore, incompatible an inconsistent
with the concept of right to life. With respect and in all humility, they find
no similarities in the nature of other rights, such as the right to freedom of
speech etc. To provide a comparable basis to hold that the ‘right to life’ also
includes the ‘right to die’. With respect, the comparison is inapposite, for
the reason indicated in the context of article 21. The decisions relating to
other fundamental rights were in the absence of compulsion to exercise a right
was held to be included Within the exercise of that right are not available to
support the view taken in P. Rathinam qua Article 21. To give meaning and
content to the word ‘life’ in article 21, it has been constructed as a life
which human dignity. Any aspect of life which makes it dignified may be read
into it but not that which extinguishes it and is, therefore, innocent with the
continued existence of life resulting in effacing the right itself. The right
to die, if any, is inherently inconsistent with the right to life as is that's
with life”.
Thus. Section 309 was
upheld as constitutional. But the motive which this section was first instead
in the Indian Penal Code and that subsequent upholding of the section i.e. To
protect life and discourage self-destructive practice of suicide is now slowly
losing its relevance. Approximately one million people died by suicide
worldwide more than one lakh persons (1,18,112) in the country lost their lives
by committing suicide during the year 2006.[7]
INCREASING
SUICIDE CASES
Suicide occurs more often
in older than in younger people but is It's still one of the leading cause of
death in late childhood and adolescence worldwide. This is not only drizzled in
a direct loss of many young lives, but also have disruptive psychological end
adverse socio-economic effects. NCRB reports [National Crime Records Bureau]
says once student commits suicide every hour about 28 students suicides every
day. It's 4% Indian students died by suicide each day in pandemic 2020. The
student suicide rate increased by 21% in 2020 and the worst part is 11,000
people was minor who commit suicide. According to health ministry figures, over
9,00,000 women in India need treatment for mental illness. Of those, nearly
2,80,000 are of 10-29 age group and around 2,50,000 of 30-50 groups[8].
It also a fact the women attempt to commit suicide it's much more than men and
men usually becomes successful more often in the their attempts. According to
the figure of NCRB report [National Crime Records Bureau], the number of suicide
cases had increased around 27.7% in just 10 years from 1995 to 2005. This
alarming rise in the number of suicide indicates the frustration, depression
and anxiety was leading the population to take such extreme steps such as
killing oneself.
There are many reasons to
commit suicide for example parental expectations, fear pressure, exam pressure,
poverty, unemployment etc. India is the most depressed country in the world.
According to survey by the center for the study of developing societies, In India
about 4 in 10 students suffering from depression in last few years. A Nimhas
study under has found that 11% of college students and 7%-8% of high school
students have attempted suicide. Due to the financial crisis LSR [ Lady Shre Ram
College] students Suicide in Telangana, was asked to vacate hostel. Committing
suicide is the major problem across the world and it’s increasing every year.
HOW TO
CONTROL SUICIDAL CAESES
Committing suicide is the
major problem across the world. In 2021,0 1.64 lakh people took their own
lives, According to NCRB report [National Crime Records Bureau]. Just jumped to
11.3 in 2020 and was at a high record at 12 in 2021. According to The WHO [
World Health Organization] estimates, India has the 41st highest suicide rate
globally, as of 2019. Russia ranks 11th, with a suicide rate of
21.6, while it is in the US. Life is changing for junior school and high school
students physically, mentally and emotionally. Although, adults face life
changes that can put them in a funk. Losing a job, financial strain, health
problems and many more life events can affect emotional and physical
functioning.
‘The COVID-19 pandemic
has created many more challenges as well. The COVID response taking study
conducted by the University of Chicago found only 14% of Americans reports
being happy, compared to 31% before the pandemic. Furthermore, the incidence of
loneliness has doubled, while the psychological distress has tripled.
Regardless of age, life can get the best of people. When hard times lead to
depression or feeling of hopelessness, some people contemplate suicide as their
only way out. But there is hope because suicide is preventable. There are many
tendencies among those at risk for suicide including: Anger, changes in
academic or job performance, comments about death and dying, being worthless or
feeling depressed, irritability, Loss of interest in activities etc.[9].
Things we can all do
to help stop suicide:
1. Remove the stigma.
The first thing we can all do to help
prevent suicide is talk about it. No person in a suicidal state or struggling
with any mental health issue should have to feel silenced or shamed. The same
is true for people who are worried about a friend or family member. They should
know that they can reach out and make a difference. Too often, people are
afraid to bring up the subject of suicide, fearing that they will be wrong or
“put the idea in someone's head”. This is a big misconception. People need to
talk about suicide and open the doors of communication of those suffering with
suicidal thoughts. These individuals need to know that they're not alone, and
that there is an entire community who is there, who can relate, and we will
support them in a hardest time. We need to make them feel comfortable to seek
support.
2. Learn the warning signs.
One of the most common questions I
hear about suicide is, “how can I tell if a person is suicidal?” There are many
warning signs for suicide that we can all look out for when we think someone
maybe in trouble. Some common signs such as disturbed sleep patterns, pulling
away from friends and family, past attempts, extremely self-hating thoughts ,
hopelessness, feeling trapped, in this use of alcohols or drugs, so don't move
changes for the better, suicidal thoughts, plans, actions stop. Therefore, they may be less inclined to
notice what that person is going through. By getting to know these warning
signs, we can be more aware, and intervene more quickly when someone needs our
help.
3. Know the resources.
National suicide prevention lifeline
The national suicide prevention
lifeline is available 24/7 at 1-800-273- TALK (8255), and death that site also
has an online chat feature. You can contact them anytime if you are worried
that you or someone you know maybe in crisis.
Crisis text line
There is a 24/7 crisis text line
available, where you can text trained crisis counselors. The test line is free
and confidential and can be reached by texting “GO” TO 741741.
Apps
There are many apps
available that have been created to help people access the resources and tools they need when they
are in distress. This includes ask and prevent suicide, suicide crisis support,
virtual hope box and MY3 safety plan app.[10]
CONCLUSION
Hence, we can clearly
state that attempt to commit suicide is very dangerous for our life. Right to
life, with a right to live a life of dignity does not certainly mean to live a
forced life. Decriminalizing attempt to commit suicide would not actually
result in increase in number of suicides but would only encourage the survivors
to seek help. Quoting from Law Commission Report, “Right to live would,
however, mean right to live with human dignity up to the end of natural life. Right
to live would include right to die with dignity at the end of life and it
should not be equated with right to die an unnatural death curtailing natural
span of life. Thus section 309 as a law should be amended suitably keeping in
view the kind of people who attempt suicide. The section should be amended to
punish only those who try to escape punishment due to other criminal
liabilities excluding those who attempt it out of sheer frustration, depression
or due to living in such circumstances that would invoke suicidal thoughts.[11]
REFERENCE
[1] Attempt to
commit suicide: A Socio-legal study (no date a) Legal Service India - Law, Lawyers and
Legal Resources. Available at:
https://www.legalserviceindia.com/legal/article-6075-attempt-to-commit-suicide-a-socio-legal-study.html
(Accessed: 10 July 2023).
[2] Sneha Mahawar et al. (2023) 306
IPC punishment, iPleaders. Available at:
https://blog.ipleaders.in/306-ipc-punishment/ (Accessed: 10 July 2023).
[3] Vol 3, Dr Hari Singh Gaur, Penal
Law of India, Pg. no.3163, 3164, 11th Edition, Law Publishers (INDIA) PVY. LTD,
2006
[4] The dilemma of S. 309, IPC: Attempt to commit suicide
(no date a) Legal Service India - Law, Lawyers and Legal Resources. Available
at:
https://www.legalserviceindia.com/legal/article-6412-the-dilemma-of-s-309-ipc-attempt-to-commit-suicide.html
(Accessed: 10 July 2023).
[5] Vol 3, Dr Hari Singh Gaur, Penal
Law of India, Pg. no.3163, 3164, 11th Edition, Law Publishers (INDIA) PVY. LTD,
2006
[6] Attempt to commit suicide: A Socio-legal study (no
date a) Legal Service India - Law, Lawyers and Legal Resources. Available at:
https://www.legalserviceindia.com/legal/article-6075-attempt-to-commit-suicide-a-socio-legal-study.html
(Accessed: 10 July 2023).
[7] India, legal S. (no date) Crime of attempt to commit
suicide. Available at: https://www.legalservicesindia.com/article/1081/Crime-of-Attempt-to-commit-Suicide.html
(Accessed: 10 July 2023).
[8] Benu, P. (2023) Is economic distress causing a spike
in suicide deaths in India? Available at:
https://www.thehindubusinessline.com/data-stories/deep-dive/is-economic-distress-causing-a-spike-in-suicide-deaths-in-india/article66635113.ece
(Accessed: 10 July 2023).
[9] Hardesty, Ph.D.L. (2022) Help
teens overcome suicidal thoughts, Mayo Clinic Health System. Available at:
https://www.mayoclinichealthsystem.org/hometown-health/speaking-of-health/5-ways-to-help-teens-overcome-suicidal-thoughts
(Accessed: 10 July 2023).
[10] Lisa Firestone, Ph.D. (2016) 5 things we can all do
to help stop suicide. Available at:
https://www.psychalive.org/5-things-can-help-stop-suicide/ (Accessed: 10 July
2023).
[11] India, legal S. (no date a) Crime of attempt to
commit suicide. Available at:
https://www.legalservicesindia.com/article/1081/Crime-of-Attempt-to-commit-Suicide.html
(Accessed: 10 July 2023).
Article Information
A STUDY ON ATTEMPT TO COMMIT SUICIDE
Authors: SOUMYA TURKAR
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/07/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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