CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Of offences affecting life

Section 309: Attempt to commit suicide

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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 ¹[or with fine, or with both.]

Footnotes in the official text

1.Subs. by Act 8 of 1882, s. 7, for “and shall also be liable to fine”.

Now in the BNS

As given in the official comparison tables of the Bureau of Police Research and Development and the Allahabad High Court (the NCRB table has no row for it). Read both texts before relying on it.

IPC 309

Not carried into the new law

Leading cases

Gian Kaur v. State of Punjab (1996)A Constitution Bench held that Article 21 does not include a 'right to die', overruled P. Rathinam, and upheld the constitutional validity of Sections 306 and 309 of the Indian Penal Code.
Aruna Ramachandra Shanbaug v. Union of India (2011)The Court held active euthanasia unlawful but allowed passive euthanasia, laid down a High Court approval procedure for withdrawing life support from incompetent patients until Parliament legislates, and dismissed the petition to stop the petitioner's feeding.

Questions on this section

4 questions in 11 of our papers cite Section 309.

Practise questions on Criminal Law