IPC 309 in BNS: No Corresponding Section

What Happened to IPC 309?

Section 309 IPC has no counterpart in the Bharatiya Nyaya Sanhita and is repealed. The official comparison of the two Codes lists Section 309 IPC as deleted. The Sanhita does not punish an attempt to commit suicide as such. Section 226 BNS, titled Attempt to commit suicide to compel or restrain exercise of lawful power, is a new and narrower offence: whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service. Section 226 BNS is not a replacement for Section 309 IPC. In addition, Section 115 of the Mental Healthcare Act, 2017 directs that notwithstanding anything contained in Section 309 IPC, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the Indian Penal Code.

IPC 309 Is Repealed

Section 309 (Attempt to commit suicide) of the Indian Penal Code, 1860 has been repealed and has no corresponding section in the Bharatiya Nyaya Sanhita, 2023.

Repealed. The BNS has no counterpart to Section 309 IPC, and the official comparison lists it as deleted. Section 226 BNS is a new, narrower provision requiring intent to compel or restrain a public servant from discharging official duty. Under Section 115 of the Mental Healthcare Act, 2017, a statutory presumption of severe stress applies to any person attempting suicide, barring trial and punishment under the Indian Penal Code.

What IPC 309 Means for Pending Cases

For Section 309 IPC (now Section REPEALED BNS): the Bharatiya Nyaya Sanhita contains no general offence of attempting to commit suicide. Section 226 BNS creates a separate and narrower offence punishing whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty. Furthermore, under Section 115 of the Mental Healthcare Act, 2017, any person attempting suicide is presumed, unless proved otherwise, to have severe stress and cannot be tried and punished under the Indian Penal Code.

FAQs: IPC 309

Section 309 IPC: what changed regarding attempt to commit suicide under the BNS?▼

The BNS contains no counterpart to Section 309 IPC. The official comparison lists Section 309 IPC as deleted. Section 226 BNS is a new and narrower offence punishing an attempt to commit suicide only where there is intent to compel or restrain any public servant from discharging official duty, and it adds community service as a punishment.

What does the Mental Healthcare Act, 2017 provide regarding Section 309 IPC?▼

Section 115 of the Mental Healthcare Act, 2017 provides that notwithstanding anything contained in Section 309 IPC, any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the Indian Penal Code.

Which Code governs an act covered by Section 309 IPC and done before 1 July 2024?▼

The IPC. Section 358 BNS repeals the IPC but saves anything done or any liability incurred under it before that date.