📰 Decriminalization of Attempted Suicide under Bharatiya Nyaya Sanhita (BNS), 2023
India has officially decriminalized attempted suicide under the Bharatiya Nyaya Sanhita (BNS), 2023, marking a significant shift from the provisions of the Indian Penal Code (IPC).
✅ What Has Changed: Decriminalization of Attempted Suicide
Removal of Section 309
The BNS has entirely removed Section 309 of the IPC, which previously criminalized attempted suicide. This means individuals who attempt suicide will no longer face criminal prosecution under the new code.
Presumption of Severe Stress
Consistent with the Mental Healthcare Act, 2017, the BNS presumes that individuals who attempt suicide are under severe stress and should not be subjected to legal punishment.
⚠️ Exception: Suicide Attempts to Coerce Public Servants
Despite the general decriminalization, the BNS introduces a specific exception:
Section 224
If an individual attempts suicide with the intent to compel or restrain a public servant from discharging their official duties, they may face:
- Simple imprisonment for up to one year
- A fine
- Community service
- Or a combination of the above
This provision aims to deter acts like self-immolation or hunger strikes intended to influence public servants.
🧠 Broader Implications
Mental Health Approach
The removal of criminal penalties aligns with a more compassionate approach, focusing on mental health support rather than punishment.
Medicolegal Procedures
With decriminalization, attempted suicides are no longer registered as medicolegal cases, reducing stigma and encouraging individuals to seek help without fear of legal repercussions.
Community Service as an Alternative
For the specific exception under Section 224, community service is introduced as a less punitive alternative to imprisonment, promoting rehabilitation over punishment.
This shift reflects India’s evolving perspective on mental health and its commitment to providing support rather than punishment for those in crisis.
📚 Further Reading for Law Aspirants
Explore more useful resources from Delhi Law Academy to strengthen your preparation:
🧩 Frequently Asked Questions – BNS 2023 & Attempted Suicide
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