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Equivalent citations: 1996 (1) BomCR 92, 1995 CriLJ 96, 1994 (2) MhLj 1850

Attempt to suicide, an offence provided under section 309, of the Indian Penal Code, having been effaced from the statute book and declared violative of Article 21, of the Constitution of India by the Apex Court, has led the petitioner to seek a writ of mandamus or any other appropriate writ of mandamus or any other appropriate writ., order or direction for declaration of Section 306 of the Indian Penal Code (for short "the IPC.") as unconsitututional and ultra vires of Articles 14, and 21, of the Constitution of India. The additional relief sought for in the writ petition is that the proceedings before the Chief Judicial Magistrate, Nagpur, in Crime No. 86 of 1994 be quashed and declared wholly untenable.

Rule. Heard forthwith.

Before we examine the constitutional validity of Section 306, of the IPC the only point urged by the learned counsel for the petitioners, a brief resume of facts may be stated.

Explanation 1. -

A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Explanation 2. -

Whoever, either prior to or at the time of commission of an act does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof is said to aid the doing of that act." Section 306, which makes abetment of suicide an offence and provides for punishment therefor reads as under : "306. If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." Section 309, which has been declared unconstitutional prior to its declaration reads as under : "309. 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.

Mr. Marotrao Sakhre v. XYZ of India

Anticipatory Bail

01-06-2020 17:21:41

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Equivalent citations: 1996 (1) BomCR 92, 1995 CriLJ 96, 1994 (2) MhLj 1850

Rule. Heard forthwith.

Explanation 1. -

Explanation 2. -

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