Under the Bharatiya Nyaya Sanhita, 2023, a husband beat his wife due to which she left the home saying…
The Bharatiya Nyaya Sanhita, 2023 (BNS) has omitted the general offence of attempting to commit suicide (formerly Section 309 IPC), retaining criminal liability only under…
Choose your answer
Under the Bharatiya Nyaya Sanhita, 2023, a husband beat his wife due to which she left the home saying that she would jump into a well. She tried to jump into the village well, but a passerby caught her before she could jump. She would be guilty of:
Answer and explanation
Correct answer D
The Bharatiya Nyaya Sanhita, 2023 (BNS) has omitted the general offence of attempting to commit suicide (formerly Section 309 IPC), retaining criminal liability only under Section 226 BNS where a person attempts to commit suicide with the intent to compel or restrain a public servant from discharging his official duty. Because the wife's act arose out of a domestic dispute and was not directed at compelling or restraining any public servant, attempting suicide is not an offence under the BNS. Moreover, even under general principles of criminal attempt (Emperor v. Mt. Dhirajia), being intercepted before actually jumping into the well leaves room for locus poenitentiae and does not constitute a punishable offence.
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