Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused attempted to commit suicide.
- They did an act towards the commission of suicide.
- The act was intentional and not accidental.
- The suicide attempt was not successful.
Potential Defenses:
- No suicide attempt was made.
- No act was done towards suicide.
- The act was accidental.
- The accused was not in sound mind.
Practical Examples
What Constitutes the Offense:
A person taking an overdose of pills but surviving, or jumping from a height but being rescued.
What Doesn't Constitute:
A person having suicidal thoughts without taking action, or making threats without attempting suicide.
Important Case Laws
Gian Kaur v. State of Punjab (1996)
The Supreme Court upheld the constitutionality of this section, holding that the right to life does not include the right to die.
Punishment
Simple imprisonment for up to 1 year, or Fine, or both
Related Information
Connected Sections:
This section deals with attempt to commit suicide. It is distinct from Section 306 (Abetment of suicide).
Procedural Aspects:
Prosecution requires proof of intentional suicide attempt. The case is triable by any Magistrate.