Is attempt to suicide still a punishable offence in India?

Question

A family member attempted suicide and the police are asking questions. I want to know if this is a criminal offence and what protection the law gives. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Is attempt to suicide still a punishable offence in India? is governed in India primarily by Mental Healthcare Act 2017, Section 115, Bharatiya Nyaya Sanhita 2023, Section 226 and Mental Healthcare Act 2017, Section 18. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 115(1) of the Mental Healthcare Act creates a presumption that a person who attempts suicide is presumed, unless proved otherwise, to be under severe stress, and Section 115(2) bars the police and government from prosecuting or punishing such a person under the corresponding penal provision.

Bharatiya Nyaya Sanhita Section 226 continues to technically criminalise attempt to suicide, but it must be read subject to the overriding presumption and bar created by the Mental Healthcare Act, so prosecution is not ordinarily pursued.

Instead of prosecution, Section 115 obliges the appropriate government to provide care, treatment and rehabilitation to a person who has attempted suicide to reduce the risk of recurrence, treating it primarily as a mental health issue rather than a crime.

Section 18 guarantees the right to access mental healthcare and treatment from services run or funded by the government, which becomes directly relevant to the rehabilitation obligation triggered after an attempt.

Where a person abets another's suicide, that remains a distinct and serious offence under BNS provisions on abetment, unaffected by the presumption applicable to the person who attempted suicide themselves.

What to do next: 1) Ensure the person receives immediate medical attention and, where possible, psychiatric evaluation; 2) Inform the police of the presumption under Mental Healthcare Act Section 115 if any prosecution is threatened; 3) Connect the family with government or NGO-run mental health support and counselling services; 4) Consult a lawyer if the police attempt to register a case despite the statutory bar.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Mental Healthcare Act 2017, Section 115 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.