India
In
India, attempted
suicide is an offence punishable under Section 309 of the
Indian Penal Code. Section 309 reads thus:
Attempt to commit suicide. "Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both."
A Division Bench of the
Supreme Court of India in
P. Rathinam v. Union of India (AIR 1994 SC 1844) held that the right to live of which Article 21 speaks of can be said to bring in its trail the right not to live a forced life, and therefore, section 309 violates Article 21. This decision was, however, subsequently overruled in
Gian Kaur v. State of Punjab (AIR 1996 SC 946) by a Constitution Bench of the Supreme Court, holding that Article 21 could not be construed to include within it the ‘right to die’ as a part of the
fundamental right guaranteed therein; therefore, it was ruled that it could not be validly stated that section 309 is violative of Article 21.[SUP]
[6][/SUP]
In 2008 the Law Commission of India submitted a review to the government to repeal section 309. The Law Commission said "The Supreme Court in Gian Kaur focused on constitutionality of section 309. It did not go into the wisdom of retaining or continuing the same in the statute." The Commission has resolved to recommend to the Government to initiate steps for repeal of the anachronistic law contained in section 309, IPC, which would relieve the distressed of his suffering. In
India, suicide is above "
world-rate".
Ireland
Attempted suicide is not a criminal offence in Ireland and under Irish law self-harm is not generally seen as a form of attempted suicide. Assisted suicide and
euthanasia are, however, illegal.
Netherlands
In the
Netherlands, being present and giving moral support during someone's suicide is not a crime; neither is supplying general information on suicide techniques. However, it is a crime to participate in the preparation for or execution of a suicide, including supplying lethal means or instruction in their use. (
Physician-assisted suicide may be an exception. See
Euthanasia in the Netherlands.)
North Korea
North Korea has a peculiar deterrent for suicides. Although law cannot punish a dead person, in North Korea relatives of a criminal (including a suicide victim) might be penalized, as a form of
collective punishment.[SUP]
[citation needed][/SUP]
Russian Federation
In Russia, inciting someone to suicide by threats, cruel treatment, or systematic humiliation is punishable by up to 5 years in prison. (Article 110 of the Criminal Code of the Russian Federation)
Federal law of Russian Federation no. 139-FZ of 2012-07-28 mentions the possibility to censor information about methods of suicide on the Internet.
Singapore
In
Singapore, a person who attempts to commit suicide can be imprisoned for up to one year [SUP]
[7][/SUP]
United Kingdom
England and Wales
Laws against suicide (and attempted suicide) prevailed in English
common law until 1961. English law perceived suicide as an immoral, criminal offence against God and also against the King.[SUP]
[8][/SUP] It first became illegal in the 13th century.[SUP]
[9][/SUP] Until 1822, in fact, the possessions of somebody who committed suicide could even be forfeited to the Crown.[SUP]
[10][/SUP]
Suicide ceased to be a criminal offence with the passing of the
Suicide Act 1961; the same Act made it an offence to assist in a suicide. With respect to
civil law the simple act of suicide is lawful but the consequences of committing suicide might turn an individual event into an unlawful act, as in the case of Reeves v Commissioners of Police of the Metropolis [2000] 1 AC 360,[SUP]
[11][/SUP] where a man in police custody hanged himself and was held equally liable with the police (a cell door defect enabled the hanging) for the loss suffered by his widow; the practical effect was to reduce the police damages liability by 50%. In 2009, the House of Lords ruled that the law concerning the treatment of people who accompanied those who committed assisted suicide was unclear, following
Debbie Purdy's case that this lack of clarity was a breach of her human rights. (In her case, as a sufferer from multiple sclerosis, she wanted to know whether her husband would be prosecuted for accompanying her abroad where she may eventually wish to commit assisted suicide, if her illness progressed.) As a result, this law is expected to be revised.
Scotland
Suicide directly involving only the deceased person is not by itself a criminal offence under Scots Law and has not been in recent history. However, attempting suicide might be a
Breach of the peace if it is not done as a private act; this is routinely reported in the case of persons threatening suicide in areas frequented by the public. The Suicide Act 1961 applies only to England and Wales but under
Scots Law a person who assists a suicide might be charged with
murder,
culpable homicide, or no offence depending upon the facts of each case. Despite not being a criminal offence, consequential liability upon the person attempting suicide (or if successful, his/her estate) might arise under civil law where e.g. it parallels the civil liabilities recognised in the (English Law) Reeves case mentioned above.
