‘RANI’ ran to a well stating that she would jump into it, and she started running towards the well but she was caught before she could reach it. (Answer the question after reading the following paragraph.)

DIRECTION: Read the following definition and element of the attempt, apply them on the given fact situations and answer the question.
Definition of attempt: Lord Blackburn was said that “there is no doubt that there is difference
between a preparation antecedent to an attempt and the actual attempt but if the actual transaction has commenced which would have ended in the crime if not interrupted there is clearly an attempt to commit the crime”.
1. Fault element: Intention or knowledge requisite for committing an offence; and
2. Conduct Element: does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.

Option A: She is not guilty of attempt to commit suicide because she might have changed her mind before jumping into the well.

Option B: She is guilty of attempt to commit suicide.

Option C: Right to life includes right to die hence a person should not be held responsible for attempt to commit suicide.

Option D: None of the above.

Correct Answer

Option: a

Explanation

Section 309 of IPC says 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 2 [or with fine, or with both.] On 10 December 2014, IPC Section 309 was deleted. The Minister of State for Home Affairs, Haribhai Chaudhary said that “it has been decided to delete Section 309 of IPC from the Statute book.”

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