Section 309

This colonial-era provision criminalized attempted suicide itself. Over the decades it drew heavy criticism from mental health experts and courts for punishing people already in deep distress instead of helping them, effectively retraumatizing suicide survivors. The Mental Healthcare Act, 2017 changed the practical effect of this section by presuming that anyone who attempts suicide is under severe stress and should not be tried or punished under it unless proved otherwise, effectively decriminalizing attempted suicide in practice. The Bharatiya Nyaya Sanhita, 2023 has removed this offence altogether, reflecting the shift toward treating suicide attempts as a mental health issue rather than a crime.

The Supreme Court, in a landmark ruling, held that the right to life under Article 21 of the Constitution does not include a right to die, but later benches and the legislature moved toward decriminalizing suicide attempts. Various High Courts and the Law Commission recommended repeal, culminating in the Mental Healthcare Act, 2017 shielding survivors from prosecution under this section in most circumstances.

• Myth: People who attempt suicide are still routinely jailed under this law today.
  Fact: Since 2017, the Mental Healthcare Act presumes such people were under severe stress and generally shields them from prosecution; the newer criminal code has removed this offence entirely.