IPC 309
Athi Vishal HD
(Querist) 06 June 2018
This query is : Resolved
Sir I gave complaint to Police Station about my wife's suicide attempt( she is alive), but they refuse to register case u/s 309 IPC. They regd. case against me u/s 498A IPC based on complaint of my in-laws. So I want to know whether IPC 309 is decriminalised or not?
Ms.Usha Kapoor
(Expert) 07 June 2018
IPC 309 is not only decriminalized but repealed from IPC.
Guest
(Expert) 07 June 2018
I differ with the views of Ms. Usha Kapoor. Section 309 of the IPC still stands, not yet repealed. But, the police has the legal right to presume , unless proved otherwise, to have severe stress and cannot be expected to try and punish your wife for the attempt to suicide in view of the relevant provision of the Mental Healthcare Act, 2017.
So, nothing wrong, if the reason of stress has been linked to the case against you under sec.498A. Face the case effectively to get exonerated of the charge on merits of the case.
Guest
(Expert) 07 June 2018
I differ with the views of Ms. Usha Kapoor. Section 309 of the IPC still stands, not yet repealed. But, the police has the legal right to presume , unless proved otherwise, to have severe stress and cannot be expected to try and punish your wife for the attempt to suicide in view of the relevant provision of the Mental Healthcare Act, 2017.
So, nothing wrong, if the reason of stress has been linked to the case against you under sec.498A. Face the case effectively to get exonerated of the charge on merits of the case.
Guest
(Expert) 07 June 2018
I differ with the views of Ms. Usha Kapoor. Section 309 of the IPC still stands, not yet repealed. But, the police has the legal right to presume , unless proved otherwise, to have severe stress and cannot be expected to try and punish your wife for the attempt to suicide in view of the relevant provision of the Mental Healthcare Act, 2017.
So, nothing wrong, if the reason of stress has been linked to the case against you under sec.498A. Face the case effectively to get exonerated of the charge on merits of the case.
Guest
(Expert) 07 June 2018
I differ with the views of Ms. Usha Kapoor. Section 309 of the IPC still stands, not yet repealed. But, the police has the legal right to presume , unless proved otherwise, to have severe stress and cannot be expected to try and punish your wife for the attempt to suicide in view of the relevant provision of the Mental Healthcare Act, 2017.
So, nothing wrong, if the reason of stress has been linked to the case against you under sec.498A. Face the case effectively to get exonerated of the charge on merits of the case.
Guest
(Expert) 07 June 2018
I differ with the views of Ms. Usha Kapoor. Section 309 of the IPC still stands, not yet repealed. But, the police has the legal right to presume , unless proved otherwise, to have severe stress and cannot be expected to try and punish your wife for the attempt to suicide in view of the relevant provision of the Mental Healthcare Act, 2017.
So, nothing wrong, if the reason of stress has been linked to the case against you under sec.498A. Face the case effectively to get exonerated of the charge on merits of the case.
Ms.Usha Kapoor
(Expert) 07 June 2018
IPC section 309 repealed
sadaan ahmad khan posted a year ago
Decriminalizing the suicide and Ban on the use of electric shock therapy on minor
March 27, 2017, finally the Parliament has passed the Mental Health Care Bill 2016. This step has repealed the Indian Penal Code section 309 which decriminalized the suicide and prohibited the use of electric shock therapy on minor in India. As the suicide is the most common cause of death in India, with the effect of this bill, the person who attempts or commits suicide is by default assumed to be suffering mental disorder or mental illness or severe stress. The Mental Health Care Bill 2016 has repealed the decades-old Mental Health Act 1987. The bill has added a new clause for the Government, to develop the new public health care programs and open the rehabilitation centers for such persons
P. Venu
(Expert) 07 June 2018
May be, police would have sufficient reasons. If you are so sure of the facts, you may approach the Jurisdictional Magistrate under CrPC 156(3)
Guest
(Expert) 07 June 2018
@ Ms. Usha Kapoor,
Who is this Sadaan Ahmed Khan, a Supreme Court judge, a prominent lawyer, a doctorate level researcher, who has declared that the Section 309 of IPC repealed?
You are depending solely on unauthenticated copied material that too from a very vaguely named website, "www.yourstory.com " at the following link. The article does not even give introduction of the author, who he is. Apparently, anyone can write any vague and irrelevant story in that website.
You are referring a story of March 27 2017, when the bill was yet to be assented by the President of India. The Bill received assent of the President only on 7th April 2017.
Had you checked the relevant section of the Mental Healthcare Act, you would have come to know that the section 115 of the Act very clearly described, " Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, UNLESS PROVED OTHERWISE, to have severe stress and shall not be tried and punished under the said Code". THAT CLEARLY REVEALS THAT THE MENTAL HEALTHCARE ACT STILL RECOGNIZES SECTION 309 AND THE AFORESAID SECTION PROVIDES FOR EXCEPTION ONLY IN CASE OF SEVERE STRESS. THE ACT DOES NOT REPEAL SECTION 309. NOWHERE IT HAS BEEN MENTIONED IN THE ACT THAT SECTION 309 HAS BEEN REPEALED.
CLEARLY, IT IS A CASE OF MISCONCEPTION AND MISINTERPRETATION OF THE ACT ON THE PART OF THAT UNKNOWN WRITER AND YOU, BEING MERELY COPYING HIM.. SIMILARLY, THE IPC ALSO DOES NOT STATE ANYWHERE THAT SECTION 309 IS REPEALED BY ANY GAZETTE NOTIFICATION.
I wonder, why you always prefer to raise controversy merely with the help of some copied material, not with reference to any Section of relevant Act or Gazette Notification, just to create confusion in the mind of the querist.
Guest
(Expert) 07 June 2018
@ Ms. Usha Kapoor,
Who is this Sadaan Ahmed Khan, a Supreme Court judge, a prominent lawyer, a doctorate level researcher, who has declared that the Section 309 of IPC repealed?
You are depending solely on unauthenticated copied material that too from a very vaguely named website, "www.yourstory.com " at the following link. The article does not even give introduction of the author, who he is. Apparently, anyone can write any vague and irrelevant story in that website.
You are referring a story of March 27 2017, when the bill was yet to be assented by the President of India. The Bill received assent of the President only on 7th April 2017.
Had you checked the relevant section of the Mental Healthcare Act, you would have come to know that the section 115 of the Act very clearly described, " Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, UNLESS PROVED OTHERWISE, to have severe stress and shall not be tried and punished under the said Code". THAT CLEARLY REVEALS THAT THE MENTAL HEALTHCARE ACT STILL RECOGNIZES SECTION 309 AND THE AFORESAID SECTION PROVIDES FOR EXCEPTION ONLY IN CASE OF SEVERE STRESS. THE ACT DOES NOT REPEAL SECTION 309. NOWHERE IT HAS BEEN MENTIONED IN THE ACT THAT SECTION 309 HAS BEEN REPEALED.
CLEARLY, IT IS A CASE OF MISCONCEPTION AND MISINTERPRETATION OF THE ACT ON THE PART OF THAT UNKNOWN WRITER AND YOU, BEING MERELY COPYING HIM.. SIMILARLY, THE IPC ALSO DOES NOT STATE ANYWHERE THAT SECTION 309 IS REPEALED BY ANY GAZETTE NOTIFICATION.
I wonder, why you always prefer to raise controversy merely with the help of some copied material, not with reference to any Section of relevant Act or Gazette Notification, just to create confusion in the mind of the querist.
Guest
(Expert) 07 June 2018
@ Ms. Usha Kapoor,
Who is this Sadaan Ahmed Khan, a Supreme Court judge, a prominent lawyer, a doctorate level researcher, who has declared that the Section 309 of IPC repealed?
You are depending solely on unauthenticated copied material that too from a very vaguely named website, "www.yourstory.com " at the following link. The article does not even give introduction of the author, who he is. Apparently, anyone can write any vague and irrelevant story in that website.
You are referring a story of March 27 2017, when the bill was yet to be assented by the President of India. The Bill received assent of the President only on 7th April 2017.
Had you checked the relevant section of the Mental Healthcare Act, you would have come to know that the section 115 of the Act very clearly described, " Notwithstanding anything contained in section 309 of the Indian Penal Code any person who attempts to commit suicide shall be presumed, UNLESS PROVED OTHERWISE, to have severe stress and shall not be tried and punished under the said Code". THAT CLEARLY REVEALS THAT THE MENTAL HEALTHCARE ACT STILL RECOGNIZES SECTION 309 AND THE AFORESAID SECTION PROVIDES FOR EXCEPTION ONLY IN CASE OF SEVERE STRESS. THE ACT DOES NOT REPEAL SECTION 309. NOWHERE IT HAS BEEN MENTIONED IN THE ACT THAT SECTION 309 HAS BEEN REPEALED.
CLEARLY, IT IS A CASE OF MISCONCEPTION AND MISINTERPRETATION OF THE ACT ON THE PART OF THAT UNKNOWN WRITER AND YOU, BEING MERELY COPYING HIM.. SIMILARLY, THE IPC ALSO DOES NOT STATE ANYWHERE THAT SECTION 309 IS REPEALED BY ANY GAZETTE NOTIFICATION.
I wonder, why you always prefer to raise controversy merely with the help of some copied material, not with reference to any Section of relevant Act or Gazette Notification, just to create confusion in the mind of the querist.
Guest
(Expert) 07 June 2018
IPC 309 has not yet been discriminalised by an Amendment Act of the IPC. Even otherwise, any section of the IPC cannot be amended or repealed through any other main Act issued and enforced for some other purpose.
Guest
(Expert) 07 June 2018
If your complaint is real one, not a hypothetical story, you can very well act upon the advice of Shri P. Venu to get the matter investigated by the order of the court.
