Punishing the Suicide Survivors- The Justifiability

Authors

  • Smita Satapathy
  • Madhubrata Mohanty

DOI:

https://doi.org/10.37506/ijfmt.v15i2.14917

Keywords:

Suicide, attempt, decriminalization, offence, life, death

Abstract

Suicide is a product of social abnormality, and originates from social incapability and mental distress; it
cannot be appropriately addressed under the orders of law. In India, day by day, thousands of individuals
irrespective of gender, age, social status and educational qualifications are ending their lives by committing
suicide. The privilege to end one’s own life has become much talked about subject all through the world. In
India, Criminal Law students are very often asked a question that ‘What is that act, which if completed is
not made punishable but the failure to complete it or the mere attempt is made punishable?’ The answer is
“suicide” and ‘attempt to commit suicide’ is made punishable under Section 309 of the Indian Penal Code.
An individual who is successful with regards to taking his own life gets away from all worldly miseries as
well as legal action where as one who fails in suicidal attempt is brought into the trawl of criminal courts.
The issue with regard to de-criminalization of attempted suicide has been questioned with controversies,
besides moral and human point of view. The present article aims at discussing the various factors responsible
as to why a person attempt to commit suicide and the attention towards the ongoing debate of retaining or
deleting Section 309 of the Indian Penal Code, 1860 by testing its validity.

Author Biographies

Smita Satapathy

Ph. D. Research Scholar

Madhubrata Mohanty

Associate Professor, Faculty of Legal Studies, Siksha ‘O’ Anusandhan, Bhubaneswar,
Odisha, India

Published

2021-03-24

How to Cite

Smita Satapathy, & Madhubrata Mohanty. (2021). Punishing the Suicide Survivors- The Justifiability. Indian Journal of Forensic Medicine & Toxicology, 15(2), 3499-3503. https://doi.org/10.37506/ijfmt.v15i2.14917