Whether sitting on hunger strike amounts to offence of attempt to commit suicide?

 The mere fact that the petitioner has protested by sitting on

hunger strike will not attract the offence under Section 309 IPC. Even if the

materials available on record are taken as it is, it does not constitute an

offence under Section 309 IPC.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Crl.OP.No.2791 of 2021

and Crl.M.P.No.1546 of 2021

P.Chandrakumar S/o.Palanimari. Vs. State 

CORAM:  Mr.JUSTICE N. ANAND VENKATESH

DATED 15.02.2021

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Mental health care Act 2017-No prosecution for attempt to commit suicide

Presumption of severe stress in case of attempt to commit suicide.

115. (1) Notwithstanding anything contained in section 309 of the Indian Penal Code
any person who attempts to commit suicide shall be presumed, unless proved otherwise, to
have severe stress and shall not be tried and punished under the said Code.

(2) The appropriate Government shall have a duty to provide care, treatment and

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