THREAD: Confusion amongst MH professionals abt IPC 309 (attempt to suicide) & IPC 306 (Abetment of suicide). Ppl wonder how a person can be charged with abetment, if attempted suicide is not a crime, because "Mental Healthcare Act has decriminalised suicide"
Wrong!! Read on...1/n
Wrong!! Read on...1/n
MHCA 2017 has not 'decriminalised suicide attempt'. What it has done is create a PRESUMPTION that attempted suicide is due to stress. IPC 309 continues to remain active, but to use it, the onus is on Police to prove, a person attempting suicide did NOT have stress and...2/n
did it for other reasons. For example, going on a fast to death for political reasons, the Police could charge a person under 309, if they can prove so.
IPC 306 says "Abetment of suicide" and NOT 'Abetment of crime'. So even if 309 was removed as a crime, 306 could...3/n
IPC 306 says "Abetment of suicide" and NOT 'Abetment of crime'. So even if 309 was removed as a crime, 306 could...3/n
still be used by the Police. But 309 continues to remain in IPC and that's another matter.
In short, the MHCA 2017 protects persons who attempt suicide from prosecution (& requires govt to provide for their treatment & rehabilitation), but...4/n
In short, the MHCA 2017 protects persons who attempt suicide from prosecution (& requires govt to provide for their treatment & rehabilitation), but...4/n
doesn't stop Police from using 306 to charge others with abetment of suicide.
In short, IPC 309 & 306 operate independently of each other.
Hope this clarification helps remove any confusion.
END.
In short, IPC 309 & 306 operate independently of each other.
Hope this clarification helps remove any confusion.
END.
