CONSTITUTIONALTY OF ATTEMPT TO SUICIDE

THIS PROPOSAL IS MADE BY:- THIS PROPOSAL IS SUBMITTED TO

ANSHU KUMAR DR. FR. PETER LADIS F.

ROLL NO.1715

3RD SEM.

THE RESEARCH PROPOSAL IS SUBMITTED FOR PARTIAL FULFILMENT OF

PROPERTY LAW FOR ATTAINING THE DEGREE OF B.A.LLB(HONS)

SEPTEMBER 03, 2018

CHANAKYA NATIONAL LAW UNIVERSITY,PATNA

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INTRODUCTION

Section 309 in The Indian Penal Code

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].
But the validity of section 309 has been always challenged by Article 21 of the
Constitution of India which says that No
person shall be deprived of his life or personal liberty except according to
procedure established by law. And also liberty of person and protection of life are
two essential elements in an ordered society. Thus, the right to life and personal
liberty is guaranteed in Article 21 of the Constitution of India.
Article 21 of the Constitution Of India (1949)
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.
The Delhi High Court in a case State vs Sanjay Kumar Bhatia observed that the
continuance of Section 309, I.P.C. is an anachronism worthless of a human society
like ours. The Court also held that there need is for humane, civilized as well as
socially oriented outlook and penology. The court also further added that a man,
who is driven to such type of frustration and willing to take his own life, should be
sent to a psychiatric clinic instead of sending to a jail to mingle with criminals.
The Indian constitution under Article 21 discusses the right to life as
the fundamental right of every citizen. It also confers right to live with dignity,

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sometimes confer “Right to die” which is contradicting to IPC Section 309. But it
doesn’t mean that right to die should be allowed in the constitution.
A Division Bench of the Hon’ble Supreme Court of India in the case of P.
Rathinam vs the Union of India said that IPC Section 309 violates Article 21, as
the right to live as per the Article can be said to bring in its trail and the right to not
live a forced life. Court also added that section 309 of the IPC needs to be
obliterated from the statute book to improve our penal laws.

HYPOTHESIS:

The researcher presume that the constitutionality of attempt to commit suicide

explained in the constitution of india in article 21.which is explained by the
parliament and the apex court of india.

Research question :

 Why person commit suicide

 What is explained our constitution about suicide
 Why commit suicide is an offence

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Chapterization:

 Introduction
 Right to life and personal liberty
 Section 305,306,and 309 of indian penal code 1860,
 Conclusion

Bibliography:

The researcher refers to the following

The constitution of india

P S A Pillai’s CRIMINAL LAW

Legal bites

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