ATTEMPT TO COMMIT SUICIDE – AN OFFENCE???!!!
We were studying the Indian Penal Code in college today, when I came across something I didn’t quite agree with. For general information, the IPC has 511 sections, and this was from Section 309.
Quoting from the Act itself, here’s how the section goes –
Chapter XVI - Section 309
Of offences affecting the human body and human life –
Attempt to commit suicide:
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 both.
First off, how can attempting to commit suicide be an offence? How can the law punish someone who attempts suicide? It isn’t a crime against society. The constitution gives every citizen the right to life, and there are people who argue that the right to life should also include the right to take away one’s own life. I don’t think along those lines, but I don’t think the state should be allowed to punish people for some things. Isn’t it a question of personal issues? Each individual would have their own reasons for whatever they do.
Interestingly, another section of the IPC states that any individual who abets the suicide of a minor or insane person may be punished, even with death. I think that’s a little extreme, but I do agree that the person who causes another to commit suicide should be the one punished. Although its quite rare that society drives a person to the depths of depression, it does happen, and there's no one you can pin it on then. As for the person who tries to kill himself, maybe counselling, or psychiatric help would be a better solution.
Anyway, this opened up a whole new area to debate upon and think about... :)
In my opinion – If someone tries to commit suicide, it isn’t him, but society that should be blamed. Counsel the poor guy, and reform society.
Comments are most welcome!!
Labels: Legal Issues, Serious stuff now...
posted by Saranya @ 10:51 PM
17 Comments
17 Comments:
Nope.
It is offensive. It violates the code of human ethics, which by far is the most important code of ethics ever.
But true that, a punishment won't really solve anything. Nor will blaming society, either.
By the by, it isn't rare that society drives a person into doing something this extreme. What does then? Everything living that can influence you in whatever way, is responsible. Ergo, society.
Kinda lost the point I was going to make somewhere, but hell, you get it.
'forever sthupitly.
@Sthupit -
Violates the code of human ethics? Hmm, something to think about. Thanks for the comment.
Hi, was checking your blog for updates. Haven't read the post fully, yet. Will comment again as soon as I do
hey hey padipps.u have proved your point again.u always think of studies!!!!!
anyway,your post is cool and very interesting to me.
so....my comment is this.though article 19(1)(a)gives the to speak which also means right not to speak,the same cannot be applied here as suicide might be used as a weapon by inferior to emotionally black mail others.and u must further note that the punishment is ten times more to the abettor....
but this does not mean that i favour punishing the one who attempts to it.they must be psycartically studied and treated.
@Vivi - Look who's calling who a padips! :) How would you find out if someone abetted someone else's suicide? In terms of evidence in court and stuff..
Anyway, thanks for visiting, de..
@Ashwin - Waiting for your comment! :)
first of all besides all the law people who commit sucides are all cowards
actually its good they die bec a person who cant face life neednt live
well looks like the whole ppl are just an overworking bunch of law students!!
Well I have no knowledgs abt urs IPC and SECTIONS...so pls excuse me...Will comment on a general topic next time...
I feel it is an offence...bcoz u dont have the right to enter this world on ur wish...and so how could u have the right to exit on ur wish??
its different in case of euthanasia ... hey dont mind if my logics are cruel... :D hehhe
@Rajalakshmi -
Cowards, yes... but they don't deserve to live? Maybe something like psychiatric treatment would help.
@Jeya Anand -
More general topics will be coming up... :)
Thanks for visiting! :)
hmm pretty interesting a topic.. neva heard abt this thou.. hearing from u Ms saranya... good job !!
Suicide.... hmmm wat comes to my mind is coward, selfish, problems, tensions, pressure, humiliation, etc etc... a person deciding on this word suicide is so selfish.. there are so many ppl who care for and wish the best in world only shud reach this person, and this person jus goes ahead with his problem's yeah bottled uP.. and ends his life.. wat a coward..!!
may be this person is got a lot o problems, may be he/she jus cant tel out her prob's.. may be he/she is stuck in some kinda exaltation.. but this prob can ve a solution somewher rite.. how can this be found unless the person reaches out to someone askin for help.. these ppl who decide on with jus the two in picture.. the two being themselves and their so called suicidal trouble.. hmmm
this was all abt this person willing to suicide and its clauses... now as per this topic.. who on earth can stop a person's wish.. its this person who concludes his/her life with this SUICIDE.. they charge it as an offence.. hmmm wat u say is rite.. if its someone who's pushing this to really happen then may be this someone needs to be punished..
but i don think they can be called offensive act.. cuz offence mainly revolves around hurting another person.. does this person hurt others..? oh yeah MENTALLY.. hmmm now does ur IPS code mention this clause.. HURTING OTHERS MENTALLY IS AN OFFENCE.. if so cool.. i agree..
sorry i think i dragged up this.. was in a mood to chat on.. cooOl topic Ms saranya.. waiting for the next topic.. post something new again pls..
It does sound strange that someone trying to end their life is seen as an offence. But crying your throat hoarse that such a law doesnt make sense is not gonna make the State repeal it. So lets try to understand why it DOES make sense.
Consolation 1:
When someone wants to affiliate with a country (in simpler terms, they want to be accepted as citizens) they live by the rules (laws) of that country. WHich means, the law in a way has a certain control over you, they have a certain responsibility towards you. In a country thats as populated as India, you cant quite expect the State show its sense of responsibility by keeping an eye on each and every one of its citizens. LAWS ARE INSTRUMENTS OF THE STATE TO HELP SERVE THEIR CITIZENS (As untrue as it may sound, lets face it.. thats what its for isnt it lawyers??) When such a law is framed, it is to stop people from committing suicide because the State is responsible for them. I know this is a shitty comment but from the govt's perspective I guess this would be the argument. And sadly, it makes sense to me!!
The urge to commit suicide is only momentary. Try to jump off the third floor of your building when you are on a low in life, but jus before jumping, look at something (even as non-happening as a stone or pebble) and trust me the impulse wouldve passed. You wouldnt wanna jump. The State is trying to stop people from giving into such impulses by making it illegal. The State has so much more work than remove the muck from society which drives people to suicide. If you think such people require counseling, ok, go find them and give them counseling. But can you find them? Dude(tte)... be practical. The easiest way to stop something is to make it illegal!
To end on a lighter note... if poeople started committing suicide, then the population will come down and India will stop being famous for her ever-exploding population!!! Save yourselves.. go and fall asleep!! :)
@Helion and Dhanya -
Thanks for your comments. Its always nice to hear someone else's views, and I do agree with most of what you say.. :)
I will update sometime soon,so keep visiting!
contrary to dhanya, i guess drawing suicides as illegal is not the most effective way.
Consider this, would a guy feeling suicidal does bother if its been made illegal or not; he just wants to die overriding whatever comes inbetween him and death.
He would never chuck suicide for a potential threat of punishment if he failed the attempt.
Yes, the society does drive people to suicide but there are umpteen cases when they are driven by individuality and circumstances.
The best options to get rid of it is to counsel and educate. Thats how ive been opinionated :)
Have you ever felt suicidal?
I couldn't agree more with you.:-)
This comment has been removed by the author.
I've thought about and spoken to many people about this very topic. I think the law maybe exists to prevent people from attempting suicide with the intention of failing. There are cases where people would like the attention and the worry that a suicide attempt would cause. And if a person is deprived of attention, a simple way sometimes seems to be to jump from a high place or do other similar things to gain the attention. If they were to add the factor of possibly going to jail when they failed and were caught, it might thwart their attempt.
I don't know what the courts decide in cases of genuine psychiatric disorders; do you know what happens? They must send such offenders to a ward rather than normal prison. I can't imagine that they would put mentally unstable people in prison rather than in institutes..
Have you ever thought of what it must be like to want to end your life, and think of what other people would think about you, how many people it would affect? The law probably can't do anything other than make it illegal, can it? Maybe, somehow, the thought that if you fail you wouldn't even have another go at it would make you think a little more about it. And thinking even a little more about something like this could prove to be the difference between doing it and not.
@Anusha - Well yes.. After reading the views of so many people, I'm a little more convinced that its not such a bad idea. But there has to be something else that can be done.. this kind of law can be misused so very easily.
Post a Comment
Subscribe to Post Comments [Atom]
<< Home