Is Attempting Suicide Still a Crime in India?
"Surviving a suicide attempt used to land you in a jail cell—but India’s new laws have finally chosen healing over handcuffs!"
The Answer
Generally attempting suicide is no longer a crime in India. The law presumes the individual is under severe mental stress and guarantees a right to medical care rather than criminal punishment.
Section 115(1) — Mental Healthcare Act, 2017 (coupled with the total omission of the former Section 309 IPC in the new Bharatiya Nyaya Sanhita, 2023).
Supporting Provisions
- Section 115(2) — Mental Healthcare Act, 2017 (places a mandatory duty on the State Government to provide care, treatment, and rehabilitation to a person who has attempted suicide).
Case Law
- Pratibha Sharma v. State of Himachal Pradesh, 2021 — The High Court quashed a suicide attempt FIR, ruling that under Section 115 of the MHCA, victims require state-sponsored rehabilitation, not criminal prosecution.
Myth vs Reality
Most people wrongly believe that rushing a suicide survivor to the emergency room will automatically trigger a police FIR, arrest, and public humiliation for the family.
Under the Mental Healthcare Act 2017, survivors are entitled to state-sponsored care and rehabilitation. Police cannot file a standard FIR for a suicide attempt.
What You Should Do
- 1
Seek emergency medical care immediately; hospitals are legally obligated to treat the patient without making police harassment a prerequisite.
- 2
If police attempt to register a standard FIR for a suicide attempt, formally invoke Section 115 of the MHCA, 2017, which expressly bars trial and punishment.
- 3
Call the government’s free Tele-MANAS mental health helpline (14416) to access the state-sponsored rehabilitation you are legally entitled to.
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