Section 309 IPC: Attempt to commit suicide

Indian Penal Code, 1860

Section 309 IPC at a Glance

Section 309 IPC deals with attempt to commit suicide. It is bailable and cognizable, triable by any Magistrate. It has no direct equivalent in the BNS.

Punishment

Simple imprisonment for a term which may extend to one year, or fine, or both.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 309 IPC Bare Act Text

309. Attempt to commit suicide

Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Source: Section 309, Indian Penal Code, 1860

Section 309 IPC in Simple Words

Section 309 of the Indian Penal Code (IPC) punishes attempt to commit suicide. Whoever attempts to commit suicide and does any act towards the commission of such offence is punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable and bailable, and it is triable by any Magistrate. The section has no counterpart in the Bharatiya Nyaya Sanhita and is repealed.

Ingredients of Section 309 IPC

  • The accused attempted to commit suicide
  • The accused did an act towards the commission of such offence

Punishment Under Section 309 IPC

Imprisonment

Simple imprisonment for a term which may extend to one year, or fine, or both.

Fine

Fine with no fixed limit, alone or with imprisonment.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Attempting to commit suicide and doing any act towards it is punishable with simple imprisonment for up to one year, or with fine, or with both. Section 115 of the Mental Healthcare Act, 2017 presumes, unless proved otherwise, that a person who attempts suicide is under severe stress and shall not be tried and punished under this section.

Example of Section 309 IPC

In 2013 in Varanasi, after suffering heavy business losses, Nikhil decided to end his own life. Acting on that intention, he climbed onto a bridge over the river at night and jumped into the deep water to drown himself. A passing boatman, Harish, saw Nikhil fall, rowed to the spot immediately, and pulled him out of the river alive. By jumping into the river intending to end his life, Nikhil attempted to commit suicide and did an act towards the commission of that offence. Nikhil is punishable under Section 309 IPC.

When Section 309 IPC Does Not Apply

  • The injury was accidental or self-inflicted without any intention of ending one's own life.
  • The person only expressed a wish to die or made preparations without doing any overt act towards committing suicide.
  • The act resulted in the person's death, leaving no surviving offender to be prosecuted for an attempt.

Section 309 IPC in the BNS

Repealed - No equivalent in BNS

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.

FAQs on Section 309 IPC

What did Section 309 IPC provide?▼

It punished attempting to commit suicide and doing any act towards the commission of such offence with simple imprisonment for up to one year, or fine, or both.

What was the punishment under Section 309 IPC?▼

Simple imprisonment for a term which may extend to one year, or with fine, or with both.

Section 309 IPC: does the Bharatiya Nyaya Sanhita punish attempt to commit suicide?▼

No general offence of attempt to commit suicide exists in the BNS. Section 309 IPC is repealed without an equivalent counterpart.

What is Section 226 BNS and how does it differ from Section 309 IPC?▼

Section 226 BNS is a new and narrower offence punishing attempt to commit suicide only when done with intent to compel or restrain a public servant from discharging official duty.

What does Section 115 of the Mental Healthcare Act, 2017 state?▼

It provides that notwithstanding anything in Section 309 IPC, a person who attempts suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the Indian Penal Code.

Was an offence under Section 309 IPC cognizable and bailable?▼

Yes. It was cognizable and bailable under the First Schedule to the Code of Criminal Procedure, triable by any Magistrate.

Which court tried an offence under Section 309 IPC?▼

Any Magistrate.

Could an offence under Section 309 IPC be compounded?▼

No. It was not listed in Section 320 CrPC.

Where is Section 309 IPC in the Bharatiya Nyaya Sanhita?▼

It has no counterpart in the BNS and is repealed.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·