Decoding Despair: Analysing Suicide And Its Legal Framework Under The Bharatiya Nyaya Sanhita, 2023
- IJLLR Journal
- Apr 9
- 1 min read
Nimal Farhan Aripurath1
ABSTRACT
This paper examines the decriminalization of suicide under the Bharatiya Nyaya Sanhita (BNS) and its impact on the legal landscape, particularly in the context of mental health. The decriminalization represents a shift from punitive measures to a more compassionate approach, acknowledging the need for psychological care rather than punishment. The paper highlights the challenges posed by the introduction of Section 226, which criminalizes suicide attempts aimed at influencing public servants. It also discusses the ambiguity resulting from the lack of a clear definition of 'suicide.' Additionally, it explores the difficulties law enforcement may face in differentiating between suicides driven by mental illness and those that involve abetment. Through a critical analysis of the provisions and relevant case law, the paper proposes policy recommendations for refining the legal framework. The findings emphasize the importance of defining suicide clearly and ensuring the law balances compassion with justice, safeguarding vulnerable individuals while preventing misuse.
Keywords: Decriminalization of Suicide, Mental Health and Law, Punitive and Compassionate Approach, Mental Healthcare Act.
