As of 2015, what was the legal position of Section 309 of the erstwhile Indian Penal Code, 1860?
As of 2015, Section 309 of the erstwhile Indian Penal Code, 1860 (attempt to commit suicide) remained on the statute book and had not been repealed, and a Constitution Bench…
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As of 2015, what was the legal position of Section 309 of the erstwhile Indian Penal Code, 1860?
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Correct answer B
As of 2015, Section 309 of the erstwhile Indian Penal Code, 1860 (attempt to commit suicide) remained on the statute book and had not been repealed, and a Constitution Bench of the Supreme Court in Gian Kaur v. State of Punjab (1996) 2 SCC 648 had upheld its constitutional validity, overruling P. Rathinam v. Union of India (1994). Subsequently, its application was restricted by Section 115 of the Mental Healthcare Act, 2017, and the general provision was omitted when the Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code.
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