● Modified in BNS
This is not a like-for-like renumbering. IPC 309 criminalised any attempt to commit suicide. The BNS has no general attempt-to-suicide offence at all -- BNS Section 226 criminalises only an attempt to commit suicide made specifically to compel or restrain a public servant from discharging official duty. Attempting suicide for any other reason is no longer a criminal offence under the BNS.
Section 309 IPC punished whoever attempted to commit suicide and did any act toward the commission of that offence with simple imprisonment up to 1 year, or fine, or both -- applying to any attempted suicide, regardless of motive or circumstance. Separately, the Mental Healthcare Act, 2017 created a presumption that a person who attempted suicide was under severe stress and should generally not be prosecuted under Section 309 absent evidence rebutting that presumption -- but Section 309 itself was never repealed or narrowed by that Act.
BNS Section 226 is titled "Attempt to commit suicide to compel or restrain exercise of lawful power" and criminalises only an attempt to commit suicide made with intent to compel or restrain a public servant from discharging official duty -- for example, a hunger-strike-to-death threat aimed at coercing an official. A search of the full BNS text confirms there is no general attempt-to-suicide offence anywhere in the new code; the only other "suicide" provisions (BNS 107/108) punish abetting someone else's suicide, not one's own attempt. Community service is added as a new sentencing option for the narrow offence that remains.
A genuine narrowing, not a renumbering: general attempted suicide is no longer a criminal offence under the BNS. Only the specific act of attempting suicide to compel or restrain a public servant survives as an offence, under a section that sits among offences against public servants rather than being a general provision.
Simple imprisonment up to 1 year, or fine, or both, or community service -- but only for an attempt made with intent to compel or restrain a public servant from discharging official duty. Attempting suicide for any other reason carries no punishment under the BNS..
IPC 309 is bailable..
This is a non-cognizable. offence.
Non-compoundable..
Matters under IPC 309 are tried before the Any Magistrate..
Common defences include the attempt not being made with the specific intent to compel or restrain a public servant (which would place it outside BNS 226 entirely, since no general attempt-to-suicide offence survives), and the protections available under the Mental Healthcare Act, 2017 where severe stress is shown.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons