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Suicide and the Law
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cerned, attempt to commit suicide is still punishable only in nine states. In other states of America it is considered that persons who fail in their attempt to commit suicide are fit for treatment in hospitals by psychiatrists. They are to be sympathised for their miseries and pitied for their weak minds. They are treated as victims of circumstances of events over which they were unable to exercise any control. Modern medical science has made rapid progress and the melancholy or the mental phobia of such persons can be remedied, if diagonised and treated in time
In India, the Indian Penal Code does not define suicide. Section 309 which prescribes punishment for “attempt to commit suicide ” lays down : “Whoever attempts to commit suicide and does any act towards the commission of such offence shall be punished with simple imprisonment which may extend to one year or with fine or both.” Some of the commentators on this section have taken the view that the words “any act” occurring in the section are wide enough to take in their purview “fasting” or “refraining from taking bodily sustenance". I cannot agree with the view that omission to take food is an act under the section because one of the principles of interpretation of a criminal statute is that it should be strictly construed. Section 32 of the Penal Code Jays down the rule for interpretation of the sections in the Penal Code. It lays down : “In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions”. What is illegal is indicated in Section 43 of the Penal Code: (1) everything which is an offence, or (2) which is pro. hibited by law or (3) which furnishes a ground for civil action or (4) omission to do whatever he is legally bound to do.” Law requires every individual to conduct himself so as not to injure others. An act becomes an injury when it causes harm to another in body, mind, reputation or property. There is no law which casts an obligation on every individual not to fast because fasting is sanctioned by most of the religions in
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