STATE Vs. SANJAY KUMAR BHATIA

JUDGEMENT

(1.) -

(2.) WE have explained in connected case Crl. R. 126/84 the law and have sent back the cases for trial. Though we held that the view of law taken by the Magistrate is erroneous we do not intend sending back this matter for trial. The reason is that this is a charge sheet for attempting to commit suicide under Section 309 Indian Penal Code A young man has allegedly tried to commit suicide presumably because of over emotionalism. It is ironic that Section 309 Indian Penal Code still continues to be on our Penal Code. The result is that a young boy driven to such frustration so as to seek one's own life would have escaped human punishment if he had succeeded but is to be bounded by the police, because attempt has failed. Strange paradox that in the age of votaries of Euthanasia, suicide should be criminally punishable. Instead of the society hanging its head in shame that there should be such social strains that a young man (the hope of tomorrow, should be driven to suicide compounds its inadequacy by treating the boy as a criminal. Instead of sending the young boy to psychiatric clinic it gleefully sends him to mengle with criminals, as if trying its best to see that in future he does fall foul of the punitive sections of the Penal Code. The continuance of Section 309 Indian Penal Code is an anarchronism unworthy of a humane society like ours. Medical clinics for such social misfits certainly but police and prison never. The very idea is revolting. This concept seeks to meet the challenge of social strains of modern urban and competitive economy by ruthless suppression of mere symptoms this attempt can only result in failure. Need is for humane civilise I and socially oriented and conscious penalogy. Many penal offences are the off-shoots of an unjust society and socially decadent outlook of love between young people being frustrated by false consideration of caste, community or social pretentions. No wonder so long as society refuses to face this reality its coercise machinery will invoke the provision like 300 Indian Penal Code which has no justification to continue to remain on the statute book.