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Arockiaraj Rayan   05 November 2020

sucide

which section correct for abetment of sucide by one person who was committed suicide but not died


Learning

 4 Replies

P. Venu (Advocate)     06 November 2020

What are the facts? What is the context?

Dr J C Vashista (Advocate)     08 November 2020

What is your opinion when you have researched the subject ?

Sudhir Kumar, Advocate (Advocate)     08 November 2020

no facts stated.

175B083 Mahesh P S   30 December 2020

Hello,

Suicide or self – annihilation is a common incident affecting the people of all classes throughout the globe. It is an exceptional crime where both the accused and victim is the same person affecting himself. This crime has been elaborated in the Indian Penal Code, 1860 and provides for the punishment as well to control further commission of offences. Attempt to suicide and abetment of suicide are two different concept which is punishable under Sec. 309 and Sec.306 of Indian Penal Code. Section 306 deals with the punishment for abetment of suicide while section 309 punishes for the attempt to commit suicide.

Abetment of attempt to commit suicide is outside the purview of section 306 and it is punishable only under section 309 read with section 107, IPC. Thus even where the punishment for attempt to commit suicide is not considered desirable, its abetment is made a penal offence in the interest of society. Such a provision is considered desirable to prevent the danger inherent in the absence of such a penal provision.

Abetment in its literal sense means, the instigation of a person to do (or not to do) an act in a certain way, or aid given by some person to another either on his own choice or circumstances arising out of joint and constructive liability. Abetment to suicide involves a mental process of instigating an individual or intentionally helping a person in taking his life on his very own.

This section is based on a reasonable public policy to prevent other person’s involvement, instigation and aiding in terminating one’s life. It takes care of the situation and threats imposed by death baiters. Section 305 under Indian Penal Code, 1860 provides for the punishment of an individual who abets the commission of the suicide of a child, not being eighteen years of age, an insane or delirious or an idiot individual or a person being intoxicated which is death or life imprisonment, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Thank you


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