A multifarious law: heterogeneous meanings of suicide in Indian law

Abstract

ABSTRACT Public and legal discussion to decriminalize suicide attempts has existed in India for almost four decades. The passing of the Mental Healthcare Act, 2017 has resulted in alterations to Section 309 of the Indian Penal Code, 1860, which had until then criminalized all suicide attempts. In this context, this article explores two questions: How is suicide conceptualized within criminal law? And what are the knowledges that inform the complex and shifting views, claims, and legal decisions that constitute the legal regulation of suicide in India today? This article studies law reform efforts, key High Court and Supreme Court of India judgements on cases relating to suicide attempts to demonstrate the eclectic nature of definitions of suicide within Indian law. Concurrently, it highlights a characteristic of law – its ability to juggle multiple knowledges, thereby constantly (re)defining the concepts or actions it adjudicates.