DECRIMINALISATION OF ATTEMPT TO COMMIT SUICIDE IN

INDIA : A LEGAL REVIEW

A Project Proposal Made By

Name- Abishek Kumar, Aditya Saurav, Dilip Kumar, Sanu Ranjan,

Subodh Kumar Rai

Roll No- 1505, 1506, 1526, 1559, 1567

Class- B.A. LLB

Submitted to – Dr. FR. PETER LADIS F

Project Proposal Made in Partial Fulfilment of Criminal Law- I

12th, September 2017

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

1. INTRODUCTION

In every age of the world, and in the history of almost every country, we find instances more
or less numerous of men and women who, preferring the dim uncertainty of the future to the
painful realities of the present, have sought relief from all their troubles by suddenly
terminating their own existence.1

Misery and pain have been the lot of the human race ever since the dawn of history, and
these causes have from the earliest times induced persons to destroy themselves, and even
the fear of eternal punishment has not sufficed to deter them.

Sorrow, suffering, and mental disease are practically the only causes of Modern Suicide ;
but in the ancient world, suicides from these causes were either much more rare than they
are at the present time, or else were passed over as unworthy of record, in the presence of
suicides of a more honourable nature.

The term Suicide is not defined in the Indian Penal Code (45 of 1860) but its meaning and
import is well known. “Sui” means “self” and “Cide” means “killing”. In short person
committing Suicide must commit it by himself, irrespective of the means employed by
him in achieving his object of killing himself. “Suicide by himself is not an offence”.2

As far as Jurisprudential aspect of Suicide is concerned one of the Jurist said that “the
argument by which jurors are supposed to be influenced, viz., that no one in his senses
would commit that which is the very negation of a law of nature is, in fact, an
aggravation of the offence. If tenable it would excuse every criminal from blame, and
would apply the more powerfully in proportion to the intensity of the crime.”3

Today, also this “Obnoxious Crime” find its place in the Indian Penal Code but the
Legislature of the day after seeing the circumstances has enacted in its wisdom The
Mental HealthCare Act, 2017 which attempts to “decriminalize Suicide” but it needs to
be adjudged how far it would be helpful and how far it would achieve its enshrined
objectives.

1
W. WYNN WESTCOTT, M.B., SUICIDE ITS HISTORY, LITERATURE, JURISPRUDENCE,
CAUSATIO AND PREVENTION 1 (1st ed. 1885)
2
Gangula Mohan Reddy v. State of Andhra Pradesh, AIR 2010 SC 327, 328, para 7
3
WESTCOTT, Supra note 1
2. OBJECTIVES OF THE STUDY

1. The Research works aims to study the Jurisprudential and Sociological Perspective of
Suicide.
2. The Research works objects for the Comparative Study of Suicide with reference to
prevailing laws in different countries.
3. The Research works aims to critically analyse The Mental HealthCare Act, 20174

3. HYPOTHESIS

The Researcher assumes that:-

1. Mental HealthCare Act didn’t “decriminalize” suicide in toto

2. Mental HealthCare Act, if implemented in full spirit will reduce the rate of Suicide.
3. Effective allocation of Budget in domain of Mental Health Care needs to be increased
to achieve the objectives of this Act.

4. RESEARCH METHODOLOGY

The Researcher due to time limitation has based its research on DOCTRINAL METHOD
which helped the Researcher to present a ‘Beautiful Bush’ of Knowledge, which is Truth and
has laid down before the ‘Inquisitive Beautiful Mind’ of those who have certain interest in
this Subject for whose completion the Researcher has put its HUMANE HEART&
INQUISITIVE MIND.

5. SOURCES OF DATA

“KNOWLEDGE IS LIKE AN UNENDING RIVER OF TRUTH” WHERE HUMANS ARE ON

THE SHORE OF IT AND THE BOOK IS LIKE A BOAT WHICH HELPS MEN TO KNOW
SOMETHING ABOUT IT.” For accomplishment of this UNACCOMPLISHED RESEARCH the
researcher has used Primary Source of Data i.e. CONSTITUTION OF INDIA, Acts,
Amendments as well as Secondary Source i.e. Books, Journals etc.

4
THE MENTAL HEALTHCARE ACT (NO. 10 OF 2017), 2017 (passed by Parliament, 07/04/2017)
6. STYLE OF WRITING

The researcher will be using both descriptive and analytical styles of writing.

7. MODE OF CITATION

The researcher will be using Standard Indian Legal Citation throughout this paper.

8. SCOPE AND LIMITATIONS OF THE STUDY

Though the researcher will try her level best not to leave any stone unturned in doing this
project work to highlight various aspects relating to the topic,but the topic is so dynamic field
of law, the researcher will sight with some of unavoidable limitations. The limitations
encountered by the researcher were the paucity of time.

9. TENTATIVE CHAPTERISATION

1. PERSPECTIVES ON SUICIDE

I. Jurisprudential Perspective on Suicide

a. Jurists view on Suicide
b. Judicial response (Courts) on Suicide
II. Sociological Perspective on Suicide

2. SUICIDE: A COMPARATIVE ANALYSIS

I. Legislation in United Kingdom

II. Legislation in United States of America
III. Legislation in France
IV. Legislation in Russia

3. MENTAL HEALTHCARE ACT, 2017: WHETHER A NEW WAY TO HEALTHY

INDIA?

4. CONCLUSION & SUGGESTION