being made a penal offence and the recommendation of the Law
Commission to delete Section 309 from the Indian Penal Code
has also been adverted ... Bill was introduced in 1972 to amend the Indian Penal Code
by deleting Section 309 . However, the Bill lapsed and no
attempt has been made
Section 309 in The Indian Penal Code, 1860
309. Attempt to commit suicide.—
Whoever attempts to commit suicide and does any act towards the commission
never to be presumed. Intention is the essential legal ingredient under section 309 IPC.
4. It is submitted that Shvetambara group of Jain ... evidence or particular instance, which falls within the ambit of Section 309 IPC and thus, the petition deserves to be dismissed as baseless
Section 115. Presumption of severe stress in
case of attempt to commit suicide.-
(1) Notwithstanding anything contained
in section 309 of the Indian Penal Code ... commit suicide".
Section 115(1) provides thus:
"Notwithstanding anything contained in section
309 of the Indian Penal Code any person who
attempts
hereinafter referred to as the TADA Act ) and under section 309 of the Indian Penal Code (hereinafter referred to as the IPC ... offences under sections 3(3) and 3(4) of the TADA Act and under Section 309 , IPC and on the same
does fall foul of the punitive
sections of the Penal Code. The continuance of Section 309 I.P.C. is
an anachronism unworthy ... undertook a comprehensive revision of the Indian
22
Penal Code, with special reference to the Indian Penal Code (Amendment)
Bill, 1978, in the light
motive to commit suicide & hence had committed offence under Section
309 IPC. After usual investigation, the charge sheet was filed ... 309 IPC
order to bring home the offence under Section 309 IPC against the accused, the
prosecution was obliged to prove
Rathinam’s case – The question of
unconstitutionality of Section 309 of the Indian Penal
Code:
14. Presently, it is necessary to travel backwards in time ... another6.
The writ petitions assailed the constitutional validity of Section
309 of the Indian Penal Code ( IPC ) contending that the same is
violative
Anju Mehta under Section 302 of Indian Penal
Code, 1860 ( IPC ) and for attempted suicide under Section 309 IPC ... under Section 302 IPC and rigorous
imprisonment for one year with fine of Rs.1,000/- for the offence under
Section 309 IPC
though girl survived, the conviction under Section 302 , I.P.C. was altered to one under Section 304A , I.P.C.. The Court was further ... category of offence punishable under Section 304 Part II I.P.C .. The offence under Section 309 , I.P.C. is also found proved against
