X, a married woman, being annoyed by family quarrels, threatens her husband that she would commit…
X is not liable for an attempt to commit suicide. First, under the general criminal law distinction between preparation and attempt (illustrated by Queen-Empress v. Ramakka,…
Choose your answer
X, a married woman, being annoyed by family quarrels, threatens her husband that she would commit suicide by falling into a nearby well. She runs towards the well, but at a distance she is stopped from committing suicide by a stranger from behind. Decide liability.
Answer and explanation
Correct answer B
X is not liable for an attempt to commit suicide. First, under the general criminal law distinction between preparation and attempt (illustrated by Queen-Empress v. Ramakka, (1884) ILR 8 Mad 5), merely running towards a well after uttering a threat does not cross the stage of preparation into an attempt, because X was intercepted at a distance before reaching the well and still had a locus poenitentiae (opportunity to change her mind) before performing any act directly towards jumping in. Second, under the Bharatiya Nyaya Sanhita, 2023 (BNS), a general attempt to commit suicide (formerly Section 309 of the Indian Penal Code) is no longer an offence at all; Section 226 of the BNS penalizes only an attempt to commit suicide made with the intent to compel or restrain a public servant from discharging an official duty.
Practice for these exams
-
UGC NET Law
See pack details on LawMint.net -
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision