Responding to a query by the Union home ministry, states recently sent their comments concurring with the recommendation of the 210th Report of the Law Commission which advocated repealing Sec 309. It had argued that attempting suicide was “manifestation of a diseased condition of mind” that called for treatment and care rather than punishment.
Under Sec 309, anyone who attempts to commit suicide — or does any act towards committing such an offence — is liable to be punished with a one-year simple imprisonment or fine or both.
MP, Bihar and Sikkim have argued for continuing with this section. The law ministry said it wasn’t in favour of a “stand-alone” amendment of Sec 309 and would look at amending the laws comprehensively. Subsequently, the home ministry sought comments from states.
Home ministry officials said it would take a year to bring about comprehensive amendments in not just the IPC but also the CrPC and Evidence Act, besides a decision on deletion of Section 309.
A division bench of Delhi High Court Chief Justice Dipak Misra and Justice Sanjiv Khanna took up for hearing a writ petition seeking to expedite the implementation of the Law Commission report.
The Centre’s counsel, Additional Solicitor General A S Chandhiok and Jatan Singh, apprised the court that the ministry received comments from the states and would come up with comprehensive reforms pertaining to criminal laws in the country. Appearing for the petitioner, NGO Mental Health Foundation, advocate Aditya Shankar argued that punishing a suicide attempt wasn’t only anachronistic, it was arbitrary and oppressive to the welfare of human beings.