FROM PUNISHMENT TO PROTECTION THE PROCEDURAL AND SUBSTANTIVE SHIFT IN INDIA’S APPROACH TO ATTEMPTED SUICIDE UNDER THE BHARATIYA NYAYA SANHITA, 2023

AUTHOR – FATMA AL ZAHRA* & MS. T VAISHALI**

* STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY ** ASSISTANT PROFESSOR AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – FATMA AL ZAHRA & MS. T VAISHALI, FROM PUNISHMENT TO PROTECTION THE PROCEDURAL AND SUBSTANTIVE SHIFT IN INDIA’S APPROACH TO ATTEMPTED SUICIDE UNDER THE BHARATIYA NYAYA SANHITA, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 698-710, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a marked departure from the previous criminal procedure regime by omitting the penal provision for attempted suicide that existed under Section 309 of the Indian Penal Code, 1860. This shift signifies a broader transformation in the State’s approach—moving away from criminal prosecution toward a framework grounded in care and mental health support. This article examines the legal implications of this omission, particularly in the context of procedural changes that arise from the transition from the Code of Criminal Procedure, 1973 to the BNSS. It contextualises the change within a wider judicial and legislative narrative, drawing on decisions such as Gian Kaur v. State of Punjab and Common Cause v. Union of India, and explores the interplay with the Mental Healthcare Act, 2017, which presumes mental illness in cases of attempted suicide and bars punitive treatment. The paper argues that the legislative intent behind this reform reflects a constitutional and humanitarian reorientation, and considers whether existing institutional structures are adequately equipped to address the rehabilitative needs of persons who attempt suicide.

Keywords: Attempted Suicide, Section 309 IPC, Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, Mental Healthcare Act 2017, Right to Life, Article 21, Decriminalization.