Theoretical overview
Suicide in its literal sense means the act or an instance of taking once own life voluntarily and intentionally. Suicide has not been declared as a crime by the Indian penal code because once a person successfully commit suicide, that person is no longer alive to be prosecuted. Attempt to commit suicide is punishable under section 309 of Indian penal code while abetment to commit suicide is also made punishable under section 305 and 306 of Indian penal code.
Section 305 States the abetment to suicide of a child or an insane person. This section connotes that, if any person abets the commission of suicide of a person under 18 years of age or any insane person, he is punishable with death or imprisonment for life or imprisonment for a term not exceeding 10 years and shall also be liable to fine.
Section 306 of Indian penal code states abetment to suicide. This section connotes that, if any person abets the commission of suicide of any person shall be held liable for an abetment to suicide and shall be punished with imprisonment of either description for a term which may extent to 10 years and shall also be liable to fine.
To make a case of abetment, there must be some active instigation/provocation, suggestion, incitement or encouragement by the accused to the person to do an act. The definition of offence of abetment must confirm to the definition of the term abetment given in section 107 of Indian Penal code.
Before a person can be convicted for abetment of suicide, it must be established that such other person has committed suicide. Mere unhappiness in matrimonial life pushing the wife to commit suicide will not attract section 306 of Indian penal code. Encouraging of widow to commit sati has been held to be abetment of suicide.
Attempt to suicide
Section 309 of Indian penal code states attempt to commit suicide for which a person shall be punished with simple imprisonment for a term which may extent to one year or fine or with both. Mens rea is one of the essential elements of this offence.
Constitutional validity of section 309
The constitution validity of section 309 was stuck down on the basis of a cruel and irrational provision which is violative of article 21 of the constitution of India.
It was held by the supreme court that it does not violate article 14, 19 and 21 of the constitution and held that “right to life” under article 21 of the constitution does not include “right to die”.
Relevant sections/articles
305. Abetment of suicide of child or insane person – If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or 1[imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
306. Abetment of suicide – If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
309. Attempt to commit suicide – 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 1[or with fine, or with both].
107. Abetment of a thing – A person abets the doing of a thing, who –
(First) – Instigates any person to do that thing; or
(Secondly) – Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(Thirdly) – Intentionally aids, by any act or illegal omission, the doing of that thing
Article 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.
Important case laws
Thangappandian vs State (1998) – the Madras High court held that petty quarrels could not be saw to be brought within the term of cruelty or abetment to suicide under section 306.
Gian Kaur vs. State of Punjab AIR 1996 – the supreme court appeal the validity of section 309 by indicating that it does not violet articles 1419 and 21 of the constitution and right to life under article 21 of the constitution does not include right to die.
Other related concepts
Abetment
Abetment is given under chapter 5 of Indian penal code from section 107-120. Abetment means to encourage someone to do something wrong in particular to commit a crime by instigation or by aid or by assistance or by command or by counselling or by encouraging.
A crime has Mens rea and actus reas, but in abetment, the abettor has only Mens rea and the actus reas is of the other party, so it is considered as an inchoate crime
Section 107 States three forms of abetment which are instigation, conspiracy or aid
Abetment by instigation
- It means provoking
- Abettor must actively instigate the abetted person to commit an offence and words, in fit of anger, without any intention can’t be termed as abatement
- Instigation can be direct or indirect
Abatement by conspiracy
Under section 128 of IPC, A mere agreement is considered a substantive offence but in abetment to conspiracy, some overt act on illegal omission is required after the formation of agreement. Section 128 has wider meaning than section 107. For example- servant of house conspired with thieves and didn’t lock the main gate at night.
Abatement by aid
If either prior or at the time of commission of act anyone does anything in order to facilitate the commission, it is said to be aiding. The abettor provides assistance to the abetted.
Points to remember
- Suicide in its literal sense means the act or an instance of taking once own life voluntarily and intentionally
- Attempt to commit suicide is punishable under section 309 of Indian penal code while abetment to commit suicide is also made punishable under section 305 and 306 of Indian penal code.
- Section 305 States the abetment to suicide of a child or an insane person
- Section 306 of Indian penal code states abetment to suicide
- Section 309 of Indian penal code states attempt to commit suicide for which a person shall be punished with simple imprisonment for a term which may extent to one year or fine or with both
