DECRIMINALIZATION OF ATTEMPTED SUICIDE: A COMPARATIVE ANALYSIS OF INDIAN PENAL CODE AND BHARTIYA NYAYA SANHITA

Author Name: 1. Dr. Parul Pareek

Volume/Issue: 05/06

Country: India

DOI NO.: 08.2020-25662434 DOI Link: https://doi-ds.org/doilink/11.2024-87391666/UIJIR

Affiliation:

1. Associate Advocate; Independent Researcher; Former Assistant Professor, School of Law, Mody University of Science & Technology, Lakshmangarh, Sikar, Rajasthan, India.

ABSTRACT

The legal framework surrounding the attempt to commit suicide in India has undergone significant transformation, reflecting a broader shift in the nation’s socio-legal perspective on mental health and personal autonomy. Under the Indian Penal Code (IPC), the attempt to commit suicide was criminalized under Section 309, which faced widespread criticism for being punitive towards individuals in distress. In contrast, the recently introduced Bhartiya Nyaya Sanhita (BNS) has marked a departure from this approach by decriminalizing the act, aligning the legal stance with modern views on mental health and human rights. This article undertakes a comparative analysis of the legal treatment of attempted suicide under both the IPC and BNS, examining the rationale for change, its implications for criminal law, and the broader socio-legal impact on individuals suffering from mental health crises. The paper explores how this shift aligns with India’s commitment to human rights and the changing global attitudes towards suicide prevention and mental health care.

Key words: Suicide Decriminalization, Indian Penal Code (IPC), Bhartiya Nyaya Sanhita (BNS), Mental Health, Legal Reform, Human Rights, Suicide Prevention.