The Karnataka High Court holds that for an offence under section 309 of the IPC there has to be an unsuccessful attempt to commit a suicide.

The Karnataka High Court has allowed a criminal petition under section 482 of the Cr. PC and acquitted a man charged with Section 309 of IPC holding that the constitution of offence under section 309 IPC was not made out and as such the proceedings against the petitioner could not be continued. According to the case details as contained in the charge sheet there was no allegation as to in what manner the petitioner has made attempt to commit suicide.
 
The case details are that the petitioner was charge sheeted for offences under section 309, 504 and 120-B of IPC as the petitioner had left his house with an intention to commit a suicide and had reached a lodge to carry out the act. However he in fact did not attempt to commit a suicide and instead checked out of the lodge next morning. The case surfaced as the father of the accused reached the police station with the suicide note written by the accused and made allegations against the police officials, and hence the case was registered.
 
The High Court observed thus:

“The only allegation against this petitioner is that he has made attempt to commit suicide. But on perusal of the entire charge sheet there is no allegation that in what manner the petitioner has made attempt to commit suicide. Though he intended to commit suicide, but there is no material to show that he actually committed suicide and survived. It is relevant to note that, any preparation for commission of suicide or mere intention to commit suicide are not at all punishable under Section 309 of IPC.”

Kaviraj S vs. State of Karnataka