MENTAL HEALTH AND THE LAWS RELATED TO SUICIDE: THE IMPACT OF BNS 2023 ON INDIA'S APPROACH TO ATTEMPTED SUICIDE:

ABSTRACT:

The foremost and substantial purpose of ‘Law’ is to maintain the Societal order, peace and harmony. As Aristotle, the ancient Greek philosopher, quoted “Man, when perfected, is the best of animals.” He further said when separated from law and justice, humans can become the worst of all creatures. Injustice armed with intelligence and moral attributes becomes significantly more dangerous. Hence, Law acts as the glue that binds societies, maintaining order and fairness in political life. But what happens when the same law duty bound to protect the rights of citizens itself becomes the cause of their sufferings, one of such examples was, recognition of ‘Attempt to Suicide’ as a Criminal Offence under Indian laws, specifically under Indian Penal Code 1860. From Centuries Mental health was always seen as a Taboo in Indian society, And Criminalizing ‘attempt to suicide’ is a pessimistic and undermining approach toward people with mental issues ultimately perpetuating the stigma and obstructing efforts to address mental health issues. Law deters and punishes those who violates or infringes other person’s Right recognised or inherited by law and thus punitive approach toward the act, where the actor is himself the victim, and harms no one else is arbitrary and irrelevant. Though ‘Attempt to Suicide’ as an offence was not technically repealed, but was limited in its scope after Mental Healthcare Act,2017 was passed by the Legislature on the recommendations of 210 th Law Commission report, but was still suffered some lacunas and inadequacy until one of the three recent Laws namely Bhartiya Nyaya Sanhita,2023 was passed and enforced from July 1st 2024 under which approach toward ‘Attempt to Suicide’ is Significantly changed. Through this research paper the Author tends to Meticulously Analyse the previous laws on mental health especially those concerned with ‘Attempt to Suicide’, Also how attempts were made to fill the legal gaps in Recent years and Current status of such laws in India And finally Changes made in new laws and their potential Impact with a comparative Approach.

KEYWORDS: Attempt to Suicide, Section 309 IPC 1860, BNS 2023, Mental Health, Section 115 MHA 2017.

INTRODUCTION:

Mental health is a basic human right paramount and necessary for individual and societal development. World Health Organization describe “Mental health’ as that state of well-being through which people are capable to cope with the daily life stresses and through realizing their abilities they can contribute to the Society by learning and working well. Mental health is far more than a mere absence of any mental disorder. Poor mental health conditions include mental psychosocial inabilities and other mental states like distress, functional impairment. [[1]] As per experts self-harm are compulsive behaviour often associated with mental distress and are strong urges that a patient tends to temporarily relieve by doing self-harming acts which not always but are often Attempt to Suicide.[[2]] As per Common Law there can be various classification of ‘Crimes’, the most basic are Crimes which are either ‘Mala inse’ i.e. “Traditional Acts against morality or public order and are punishable under law” or ‘Mala Prohibita’ which means “Acts which irrespective of being moral or immoral in nature, are prohibited and punishable by law”[[3]], India too follows the principles of Common Laws and thus under Indian Laws, mala inse and mala prohibita acts are punishable. ‘Homicide’, the term is a 13 th century old French word which is derived from Latin term ‘Homicidum’, where ‘homo’ means a ‘human’ and ‘cidum’ means ‘to kill’, thus homicide means to kill a human or manslaughter.[[4]] Under Indian Penal Code, 1860 (Replaced By Bhartiya Nyaya Sanhita, 2023), two kinds of Homicides were punishable, first traditional mala inse Act of killing other person such as Culpable Homicide ( Section 299 r.w. Section 304, IPC,1860, now Section 100 r.w. Section 105 of BNS, 2023) or Murder (Section 300 r.w. Section 302, IPC,1860 now Section 101 r.w. Section 103, BNS,2023) or Attempt of killing other person ( Section 307 or Section 308 , IPC,1860, now Section 109 or Section 110, BNS,2023) and another kind of homicide which are not always necessarily Immoral but are barred by law such as Attempt to Suicide (Section 309 ,IPC,1860)[[5]] , which is not a punishable offence anymore under BNS,2023. [[6]] The term ‘Suicide’ originated from 16^th century Latin word ‘Suicidum’, where ‘Sui’ means ‘Oneself’ and ‘cidum’ means ‘killing’.[[7]] Thus, it is defined as “death caused by injuring oneself with the intent to die’, in other words Suicide is the act of deliberately killing oneself [[8]] and ‘Attempt to Suicide’ or ‘Suicidal Attempt’ is When someone harms themselves with the intent to end their life, but they do not die as a result l[9]] The question comes here that, whether considering attempt to suicide an offence and punishing the offender is constitutional or not and how such law impacts the society? The views of the public about crime and criminal justice system plays a crucial role and is off a substantial political importance. Governments are keen to demonstrate that they may have the right policies on crime, prison and the police, for instance. For that reason, public attitudes do have noticeable effects on plethora aspects of the criminal justice system. [[10]] The problem lies in the extent of anger and mistreatment that survivors of suicide endure due to societal torment and stigma. Also the fact that survival only led to further episodes of unbearable shame , pain , distress , embarrassment provokes a person to go to any extent while committing an act of suicide ultimately hindering with various efforts of suicide prevention and hence attempt to commit suicide at some point or other often faced criticism and backlash and various attempts and measures were tried out at times to decriminalize it but in vain, And then it was decriminalized by the virtue of Mental Healthcare Act 2017 but was still suffered a colossal amount of inadequacy and loopholes which finally addressed by Bhartiya Nyaya Sanhita, 2023 which repealed the section 309 completely.

RESEARCH METHODOLOGY:

This Legal research paper by referring, deciphering and analysing secondary data sources attempts to conduct doctrinal research through a comparative method concerning India’s legal approach toward mental health especially regarding ‘Suicides’. Through this research paper, Author intends to provide the readers a complete, comprehensive, systematic and wholistic view of Relation between Suicide and crime, India’s approach toward the same through analysing various laws.

REVIEW OF LITERATURE:

As per the report of National Crime Records Bureau (NCRB) on suicidal deaths, there was an alarming increase in suicide rates from 9.9 per lakh population in 2017 to 12.4 per lakh population in 2022 [[11]], Around 23 nations across the globe criminalize Suicide and Attempts made for suicide and are actively punished in some of them.[[12]] As per the action plan of United Nations Sustainable Development Goals (SDGs) and the World Health Organisation Global Mental Health (WHOGMH) both aims toward the reduction of global suicide rate by one third by 2030. And to meet this 2030 goal, countries have committed to taking concrete measures in this direction. [[13]]

(De-) criminalization of attempted suicide in India: A review; By Rajeev Ranjan, Saurabh Kumar, Raman Deep Patta nayak, Anju Dhawan, and Rajesh Sagar:

The legal journal deals with the sensitive issue of attempted suicide, which not only requires medical interventions but also shall be addressed with sympathy, patience and sensitivity but instead was treated and considered a criminal offense under Section 309 of the Indian Penal Code ,1860. The paper further dives deep into a systematic analysis of global legal aspects of suicide prevention and its criminalization and decriminalisation, inferred that while some African and South Asian countries, including India, continue to criminalize attempted suicide most developed countries on the other hand have had decriminalized it , The paper emphasizes and points out the detrimental repercussions of Section 309 of IPC, 1860, like promoting stereotypes and societal stigma and preventing reporting of the commission of act leading to unresolved issues , obstruction in prevention of Suicide, etc.. The paper analysed and advocated the passing off the proposed Mental Health Care Bill, 20which was in consideration at that time’. The paper argued that non recognition of attempt to suicide would be a commendable and a need for an hour step toward promotion of respect of human dignity, will encourage mental health support, and lead to better reporting and statistics. It concludes by emphasizing the need for a shift from a legal to a medical model for dealing with attempted suicide, recommending increased mental health resources and a comprehensive framework for suicide prevention in India. [[14]]

Practical implications of Mental Healthcare Act 2017: Suicide and suicide attempt; By Laxmi Naresh Vadlamani and Mahesh Gowda:

The legal article examines the increase in suicide rates in India and the effects of the Mental Healthcare Act 2017 on the society precisely over India’s approach toward mental health and legal aspects, It compares Section 309 of IPC,1860 with the 2017 Mental Healthcare Act , 2023 which decriminalizes attempted suicide under Section 115, focusing on legal, clinical, and economic implications. The paper highlights the Significance of public awareness to ensure access to healthcare for individuals who attempt suicide. It discusses the need for healthcare professionals to update their practices in line with the new law and emphasizes the compassionate treatment of the suicide survivors. It details the clinical management of suicide attempts, the legal interactions between MHCA 2017 and other IPC sections, and the economic impact on the healthcare system. The paper concludes by advocating for better sensitization among law enforcement, judiciary, and healthcare professionals, along with substantial resource allocation and public education to support the objectives of the MHCA 2017. [[15]]

SECTION 309 UNDER INDIAN PENALCODE ,1860:

Section 309 in the Indian Penal Code, 1860 recognizes attempt to suicide as a criminal offence and is herein after provided as; 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 or with fine, or with both.

Though section 309 doesn’t explicitly define the word ‘Suicide’ but it is a unique section which alone punishes the Attempt of an act as person who doesn’t survive goes beyond the reach of law. [[16]] Suicide is defined as ‘an act or instance of taking one’s own life voluntarily and intentionally; the deliberate and intentional destruction of his own life by a person of years of discretion and of sound mind; one that commits or attempts his self-murder’ [[17]]. “Suicide is something which is applied to all cases of deaths resulting directly or indirectly from a positive or negative act of the victim himself, which he knows will produce this result. An attempt is defined thus as an act falling short of actual death.” The hon’ble High Court Of Andra Pradesh Court in Chenna Jagadeeswar And Anr. vs. State Of Andhra Pradesh, 1987 referred to Durkheim’s, proposed definition, who was a profound sociologist. [[18]] Thus, its essentials are; first is that the attempt toward the commission of act suicide shall have the presence of mens rea and such act is not a result of any mistake or accident and secondly the person must have been unsuccessful in such act.

CONSTITUTIONAL VALIDITY OF SECTION 309 IPC,1860:

The question of whether right to die falls under Article 21 of the Indian Constitution was first raised in the case of Maruti Shripati Dubal v. State of Maharashtra [[19]]. The Bombay High Court interpreted 21 Article in the context of Article 19 and emphasised that freedom of expression also includes the freedom to remain silent. The Court found that Section 309 IPC, which criminalises suicide attempt, is arbitrary and in violation of Article 14 as it lacks clear guidelines to distinguish between criminal and non-criminal acts and treats all suicide attempts equally irrespective of the circumstances.

Meanwhile, in the case of Chenna Jagdeeswar [[20]] the Andhra Pradesh High Court ruled that the right to die under Article 21 is not a Fundamental right and upheld the constitutionality of Article 309. The Court reasoned that if Section 309 is declared invalid, it would prohibit action against hunger strikers and prevent intimidation, which would lead to self-immolation and disrupt public order. The Supreme Court in P. Rathinam v. Union of India [[21]] held that Section 309 of the Indian Penal Code was unconstitutional and that the punishment for attempted suicide was unreasonable and a violation of Article 21, and is self-cruelty. However, this judgment was reversed in the case of Gian kaur v. State of Punjab [[22]] where the Supreme Court upheld Article 309 and held that attempt to commit suicide is a criminal offence and the same is constitutional. The Court emphasised that the right to life under Article 21 does not include the right to die, the latter being inconsistent with the essence of the former.

ABSENCE OF BALANCE AS TO WHETHER CRIMINALIZE ATTEMPT TO SUICIDE OR NOT:

The fact that section 309 was a provision which was archaic in nature and was British made law and can result into social torment and promotion of social stigmas regarding mental health it is indeed a significant law which at times can be essential to maintain social order. Suicide is no longer considered a crime in many parts of the world, and its association with criminality is outdated and harmful. Using terms like “commit” in relation to suicide implies wrongful action and moral judgment, which contradicts modern understanding of suicide as a tragic outcome of severe psychological distress rather than a deliberate criminal act. This stigmatizing language not only perpetuates negative attitudes but also inhibits open discussion and support for those affected by suicide. Adopting neutral and respectful language, such as “died by suicide,” helps to reduce stigma and promote compassionate understanding of mental health issues. In Ancient India or in divine law, in other words, Suicide and its attempt were considered a Sin and is often associated with vulnerability and forbidden acts, Hindu views on suicide have historically been nuanced. According to Hindu legal texts such as the Manusmriti, suicide is permitted for those who are spiritually enlightened and have fulfilled all their moral, social and religious duties. However, traditional Hindu beliefs emphasize the immortality of the soul and reincarnation. Death itself is not feared, but human rebirth is considered rare and precious, and a premature end to life is not welcomed. Due to the law of karma, which dictates cause and effect, suicide may have adverse effects on one’s next reincarnation. Suicide is generally seen as a violation of non-violence or principles of non-violence. similarly modern Catholicism had a view that human life is the property of God and cannot be snatched without his will. Under Islamic law, suicide is forbidden, supported by teachings from the Qur’an, the Sunnah (traditions of the Prophet Muhammad), and the consensus of Islamic scholars. Those who die by suicide are believed to face eternal condemnation and incur God’s wrath. Thus suicide is historically immorally and philosophically seen as a forbidden and unacceptable Act , Along with that Mental illness or psychosis and external suicidal factors are not the only cause for suicide as believed and proposed by eminent Neurologist Sigmund Freud but sometimes people use it as a way of criminal intimidation or emotional blackmailing as seen in Manipur when army tried to intervene and take over the conflicts , the tribal women intimidated them by threat of getting naked or committing suicide , Suicide bombers are also an example of an event which requires legal intervention. Another instance are those students who took their lives when are unable to qualify a certain exam, or a youth which self-harm’s and suicides because of failed social relationships and poor family dynamics. Recently An 18-year-old boy in Kamothe reportedly took his own life at home after his father did not fulfil his desire to purchase an iPhone valued at Rs 1.5 lakh on Monday evening.[[23]], Thus it is necessary to prohibit such acts in order to maintain peace, harmony and deter and prevent those suicidal acts which are not a necessary result of ill mental health at the same time ensuring that it does not arbitrarily torments those who are genuine victims of ill mental health or are of unsound mind or legally insane.

ATTEMPTS MADE IN ORDER TO DECRIMNINALIZE IT:

More than 164,000 suicides were reported in 2021, which is an increase in 7.2% from the previous year.[[24]] In India, the recommendations in the Law Commission’s 42nd and 210th reports as well as legal opinions expressed in several cases have led to growing calls for decriminalization of suicide attempts and thus the Mental Health Care Act of 2017, was passed ,However, outdated practices remained as despite Section 115 of the Mental Health Act, 2017 came into effect, it does not completely repeal Section 309, but rather envisages presumption of severe distress in suicide attempts unless rebutted and advocates psychological support instead of punishment.[[25]], This provision conflicts with Section 309 IPC, which continues to permit criminal prosecution. The term “severe stress” remains undefined, subject to differing legal interpretations and inconsistent application. while victims may be acquitted, the process itself can cause significant prejudice and impede access to timely medical care. [[26]][[27]]

BNS 2023 APPROACH TOWARD HARMONIZING THE SITUATION AND ITS IMPACT:

The Bharatiya Nyaya Sanhita (BNS) introduces significant changes regarding attempted suicide as it doesn’t consist any provision which is equivalent to that off section 309 which was a part of Indian Penal Code, 1860 thus not recognising attempt to suicide a criminal Act anymore. Rather it added a new provision namely Section 226, BNS, 2023 which makes Attempt to Suicide with intent to compel or restrain a public servant from discharging his legal duty an offence, This adjustment aims to curb self-immolation and hunger strikes used for political purposes. Back in 2014, in response to a query in the Rajya Sabha, around 22 states and union territories in total supported the idea of scrapping Section 309, while 5 states opposed it, citing reasons such as deterring hunger strikes and potential sacrifice bombings. Thus this new section would be a paramount and balancing effort which would harmonize both, the need of certain attempts of suicide to remain punishable such as unlawful hunger strike while making some other acts which requires medical help and care not punishable such as suicidal attempt by a person suffering from Bipolar disorder or schizophrenia. [[28]]

CONCLUSION:

The passage of the Bharatiya Nyaya Sanhita (BNS) 2023 marks a significant shift in India’s approach to mental health and attempted suicide. By decriminalizing attempted suicide and recognizing the need for compassionate treatment, BNS 2023 aligns India’s legal framework with contemporary understanding of mental health issues. This change helps dismantle the stigma associated with mental illness and promotes access to necessary medical care and support. While the law retains provisions to address misuse of suicide attempts for political purposes, the overall approach is now more humane and supportive. This transformation is a crucial step towards a more progressive and empathetic legal system in India.

REFRENCES:

[1] https://www.who.int/news-room/fact-sheets/detail/mental-health-strengthening-our-response/?gad_source=1&gclid=CjwKCAjwy8i0BhAkEiwAdFaeGEF-QwHHA6zyx-kAB-SARR8CHLeksTwhilU4OQ25lkqmZladdRF7YxoCeqoQAvD_BwE

[2] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8037877/

[3] https://www.researchgate.net/publication/249720174_Crimes_Mala_in_Se_An_Equity-Based_Definition

[4] https://www.etymonline.com/word/homicide

[5] COMPARISON SUMMARY BNS to IPC .pdf (bprd.nic.in)

[6] Decriminalising attempted suicide in India: the new penal code | Centre for Mental Health Law & Policy (cmhlp.org)

[7] suicide | Etymology of suicide by etymonline

[8] Suicide (who.int)

[9] Facts About Suicide | Suicide Prevention | CDC

[10]DENNIS HOWITT, INTRODUCTION TO FORENSIC AND CRIMINAL PSYCHOLOGY, 29, (SIXTH ed.,2018)

[11] The NCRB Suicide in India 2022 Report: Key Time Trends and Implications – Bandita Abhijita, Jilisha Gnanadhas, Sujita Kumar Kar, Anish V Cherian, Vikas Menon, 2024 (sagepub.com)