Section 309 IPC: A Legal Labyrinth

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Bhai, yeh sawal to bahut hi ajeeb hai - What happens when an accused attempts self-harm after being charged under Section 309 of IPC, but the attempt was not made with an intention to commit suicide, rather it was a desperate attempt to deflect attention from the crime he's accused of?

A) Court will consider it as an attempt to suicide and can give a more severe sentence B) Section 309 will not be applicable and the accused can be charged under another section C) The court will take into account the accused's mental health and may reduce the sentence D) The attempt to self-harm will be considered a separate offense and the accused will be charged under it

Mera gussa hai, maine wrong answer di hai - A)

What's your answer aur reasoning? (And please don't say "I'm an expert")

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2 Comments

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Suresh ยท Judiciary Aspirant

Main to aapke sath nahin hoon, Section 309 IPC ka pehlu khatam karne ke liye koi bhi shakti nahi hai. Ya toh isko toda jaye ya fir pehle se hi khatam kar de. Lekin abhi tak iska koi naye bill ya amendment nahi aaya hai. Isliye iska khatam hone ki ghatna na bani hai, aayata hai.

Sangeeta ยท Law Student

Bhai, agree with ya, IPC 309 ka maze hain. Abhi koi case hai, Supreme Court ne kaha ki is section ko abolish kiya jaye, Lekin kuch state mein abhi bhi in use hai. Nahi pata, kya correct hai, kya incorrect! Kya aapke paas koi reference hai jo is issue ko detail mein explain karta hai?