Abetment to commit suicide is punishable under section 306 r

 It is lastly contended that in any view of the matter, when the same offence is punishable under two sections, accused can be forced to suffer the punishment only for the lesser offence. It is contended that attempt to commit suicide can be abetted and therefore at worst the offence would fall only under Section 309 r/w. 116 I.P.C. The offence shall then be punishable only with imprisonment for three months and consequently in any view of the matter, the offence would be bailabled. Therefore anticipatory bail is only to be granted, it is submitted.

22. In this context I take note of the observations of the Supreme Court in Satvir Singh extracted above, which shows that abetment of a mere attempt to commit suicide would be preposterous. The abetment undoubtedly was for commission of suicide and a mere abetment of the attempt to commit suicide cannot be held to be made out. More over, i must further note, as stated earlier, that the content and character of an offence of attempt to commit suicide is qualitatively different from the attempt to abet the commission of suicide. Suicide and its' attempt on the one had and abetment of commission of suicide and its attempt on the other are treated differently by law and therefore the one who abets the commission of an unsuccessful attempt to commit suicide cannot be held to be punishable merely under Section 309 r/w. 116 I.P.C. To implement the scheme of law he has got to be held to be punishable under Section 306 r/w. 511 I.P.C.

23. In the above view of the matter, I am of the opinion that the miscreants, against horn allegations are raised under Section 306 r/w. 511 I.P.C. that they attempted the abetment to commit suicide by the unfortunate victim in this case can legitimately be proceeded against under Section 306 r/w. 511 I.P.C. and there is no inherent legal defect, infirmity or impossibility in such prosecution.