IPC Section 308

IPC Section 308 addresses the legal consequences for anyone who attempts to commit suicide but does not succeed. This provision is important as it recognizes the gravity of such attempts and seeks to discourage self-harm through legal means. It also reflects society's concern for individuals who may be in distress and the need to protect life.

The section serves as a deterrent while also opening avenues for intervention and support for those who attempt suicide. Understanding this section helps in grasping how Indian law balances punishment with compassion in cases of self-harm attempts.

IPC Section 308 – Exact Provision

This section means that if a person tries to take their own life but fails, they can be punished by law. The punishment can be imprisonment for up to one year, a fine, or both. The law treats the attempt seriously but allows flexibility in sentencing depending on the circumstances.

• Applies when a person tries but fails to commit suicide.

• Punishment includes imprisonment up to one year or fine or both.

• Focuses on acts towards committing suicide, not just thoughts.

• Recognizes the attempt as a punishable offence.

Purpose of IPC Section 308

The main legal objective of IPC Section 308 is to discourage attempts to end one’s own life by imposing a legal penalty. It aims to protect human life and maintain public order by preventing self-inflicted harm. The section also serves to alert authorities and society to intervene and provide help to vulnerable individuals.

• Deters individuals from attempting suicide through legal consequences.

• Protects the value of human life under the law.

• Encourages intervention and support for at-risk persons.

Cognizance under IPC Section 308

Cognizance of an offence under Section 308 is generally taken when a suicide attempt is reported or discovered by authorities. The police or magistrate can initiate proceedings upon receiving information about the attempt.

• Courts take cognizance on police or official report.

• Usually cognizable as it involves public safety concerns.

• Proceedings may begin even without a formal complaint.

Bail under IPC Section 308

Offences under Section 308 are bailable, meaning the accused can apply for bail and be released pending trial. Since the punishment is relatively minor, courts generally grant bail unless special circumstances exist.

• Section 308 is a bailable offence.

• Bail is usually granted promptly by magistrates.

• Bail conditions may apply depending on case facts.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 308 are triable by Magistrate courts. Since the punishment is up to one year imprisonment or fine, the jurisdiction lies with the Judicial Magistrate First Class or Executive Magistrate.

• Judicial Magistrate First Class tries most cases.

• Executive Magistrate may handle summary trials.

• Sessions Court not involved unless linked with other offences.

Example of IPC Section 308 in Use

Consider a person who attempts to jump from a building intending to end their life but is rescued by bystanders before any harm occurs. The police register a case under Section 308. The accused may be charged and brought before the magistrate, who may order counseling and impose a fine or imprisonment up to one year depending on the facts. If the attempt was accidental or under duress, the court may show leniency. Contrastingly, if the attempt was deliberate and planned, the court may impose stricter punishment to deter future attempts.

Historical Relevance of IPC Section 308

Section 308 has been part of the Indian Penal Code since its inception in 1860. It reflects the colonial-era legal approach to suicide attempts, treating them as criminal acts to uphold public morality and order.

• Introduced in IPC 1860 to criminalize suicide attempts.

• Reflects historical view of suicide as a crime.

• Has remained largely unchanged in wording since inception.

Modern Relevance of IPC Section 308

In recent years, the approach to suicide attempts has evolved with greater focus on mental health. Courts and lawmakers recognize the need for compassion and rehabilitation. However, Section 308 remains on the books to discourage attempts and allow legal intervention.

• Court rulings emphasize counseling and medical aid alongside punishment.

• Supports government suicide prevention initiatives.

• Continues to act as a deterrent while encouraging social support.

Related Sections to IPC Section 308

• Section 309 – Attempt to commit suicide (historical context and related provisions)

• Section 306 – Abetment of suicide

• Section 304B – Dowry death (related to suicide cases)

• Section 75 of Mental Healthcare Act, 2017 – Decriminalization aspects

• Section 39 of Mental Healthcare Act – Rights of persons with mental illness

Case References under IPC Section 308

1. Gian Kaur v. State of Punjab (1996 AIR 946, SC)

   – The Supreme Court held that the right to life does not include the right to die, upholding the criminality of suicide attempts.

2. Maruti Shripati Dubal v. State of Maharashtra (1965 AIR 82, SC)

   – The Court observed that Section 308 punishes the attempt to commit suicide, emphasizing the need to protect life.

3. Common Cause v. Union of India (2018 SCC 166)

   – Discussed decriminalization of suicide attempts and mental health considerations.

Key Facts Summary for IPC Section 308

• Section:

  308

• Title:

  Attempt to Commit Suicide

• Offence Type:

  Bailable, Cognizable

• Punishment:

  Imprisonment up to 1 year or fine or both

• Triable By:

  Magistrate Court

Conclusion on IPC Section 308

IPC Section 308 plays a crucial role in Indian criminal law by addressing attempts to commit suicide. It serves as a legal deterrent while also opening the door for judicial and social intervention. The section balances punishment with the need to protect vulnerable individuals.

Despite evolving views on mental health and suicide, Section 308 remains relevant in 2025 as it helps maintain public order and encourages timely help for those in distress. Its application continues to reflect the law’s effort to safeguard life and promote social welfare.

FAQs on IPC Section 308

What is the punishment under IPC Section 308?

The punishment can be simple imprisonment for up to one year, or a fine, or both, for attempting to commit suicide.

Is attempting suicide a crime in India?

Yes, under IPC Section 308, attempting suicide is punishable, though recent laws emphasize mental health support alongside legal action.

Which court tries cases under Section 308?

Cases are generally tried by Magistrate courts, as the offence carries imprisonment up to one year or fine.

Can a person get bail if charged under IPC Section 308?

Yes, the offence is bailable, so the accused can apply for bail and is usually granted it.

Has the law on suicide attempts changed recently?

While Section 308 remains, the Mental Healthcare Act 2017 decriminalizes suicide attempts to some extent, focusing on treatment and care.