From Section 309 of IPC to Section 226 of BNS: The Transformation of Legal Approach to Attempted Suicide and Hunger Strikes in India

Abstract

Suicide is a complex issue that continues to exist in Indian society even today. Some individuals may feel that ending their lives is the only way to escape the difficulties and challenges they are facing. When such an attempt does not result in death, it is considered an attempt to commit suicide. Over time, the law relating to attempt to commit suicide in India has changed considerably. Earlier, under Section 309 of the Indian Penal Code, 1860, an attempt to commit suicide was made a punishable offence, and this approach was often criticised because a person who survives a suicide attempt may already be facing serious emotional, social or personal difficulties and may require support and care rather than punishment. The Mental Healthcare Act, 2017 brought an important change by recognising the severe stress faced by persons attempting suicide and emphasising care, treatment and rehabilitation. Subsequently, the Bharatiya Nyaya Sanhita, 2023 removed the general offence of attempt to suicide while retaining criminal liability only where the act is done with the intention of compelling or restraining a public servant from discharging official duties. This provision of BNS is particularly relevant to hunger strikes, which have historically been used in India as a method of protest to address grievances and demand governmental action. This article examines the changing legal approach towards attempted suicide and the legal position of hunger strikes in the context of criminal law and constitutional freedoms. It argues that a hunger strike should not automatically be treated as criminal offence and highlights the importance of examining the intention of the person and the circumstances of each case before applying Section 226 of the BNS.