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mohammed rafi   26 October 2024

Suicide prevention

One of my friends who is around 29 years old, attempted suicide because of some financial issues in her professional life. Her husband, luckily got her escaped and admitted her to the nearby hospital. After getting discharged from the hospital, her local law enforcement office filed a case against her as per section 309 of the IPC, for a suicide attempt. She was shocked to find herself in this situation as she was already affected by emotional and mental stress.
Her doctor suggested that we defend her as per the provisions of the Mental Healthcare Act
of 2017, arguing that she was suffering from severe stress and should not be prosecuted.



Learning

 4 Replies

ranjan das   26 October 2024

Hello, curious one, 
I have gone through your concern regarding the invalid request of caste information, just for logging in to a website, and I would like to answer your query. Here is my advice.
From my point of view, asking for sensitive information like caste information without any justification is a violation of privacy norms and the anti-discrimination laws in India. With reference to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, mentioned under the IT Act of 2000, caste is considered sensitive information of anyone, and asking for this shall only be for legitimate purposes and with due consent of the user. 
This thing also somewhere harms the privacy norms of the individuals and asking for sensitive data can infringe the Right to Privacy, mentioned under Article 21 of our Indian Constitution. In the case of K.S. Puttaswamy v. Union of India (2017), privacy was recognized as a very fundamental right, and violation of this can lead to serious consequences. 
In case you consider it necessary to take some steps regarding this matter, there are some actions which you may take:
To begin with, you may complain to the DATA PROTECTION AUTHORITIES concerning the problem since it is in charge of upholding privacy laws.
Secondly, you can seek legal aid if you believe that your rights and sentiments are being hurt or you can also file a writ petition under article 32/226 of the Indian Constitution for the violation of your fundamental rights. 
I hope I was able to clear all your doubts, if any further clarification is required, you can connect with me on Linkedin ( www.linkedin.com/in/pankhuri-rastogi-9221b2289 ).
Thank you. 

T. Kalaiselvan, Advocate (Advocate)     26 October 2024

Section 309 IPC: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year or with fine, or with both.

Some defences;

Registration of a medicolegal case with the police, and admission if required. Mandatory psychiatric referral of the person for assessment and treatment. Informing the person about section 115 of the MHCA. Inquiry by the police to understand whether someone abetted the suicide attempt.

Attempt to Commit Suicide in Bharatiya Nyaya Sanhita, 2023 (BNS)

  • This new Act removes the Section of attempt to commit suicide from the statute books, it doesn’t entirely decriminalize the offence of attempting to die by suicide.
  • Section 224 of the BNS states that whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both or with community service.
  • So, an attempt to commit suicide remains a punishable offence if it is made to stop a public servant from acting.

N.K.Assumi (Advocate)     27 October 2024

That Section 226 BNS 2023 is the replica of the old Section 309 IPC, and attempt to commit suicide remains punishable under Section 226 read with Section 224 of BNS 2023. I dont see any reasons to deliberate on "Right to Die or Live under the Constitution" is the fact in issue here in the present facts, and unless the facts in issue is known as to what drove her to take such an extreme steps it will not be possible to give any concrete answer to the facts in issue.

                     However, as pointed out by T.Kalaiselvan, Advocate, the fcats appears to be covered by Medico Legal aspects under Mental Health Act, as criminal prosecution will not be profitable to the parties.

Dr. J C Vashista (Advocate )     27 October 2024

Very well analysed, opined and advised by experts, I agree and nothing more to add.


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