Healing or Handcuffs? Re-evaluating Section 309 of the Penal Code 1860 in Bangladesh
Healing or Handcuffs? Re-evaluating Section 309 of the Penal Code 1860 in Bangladesh Salus populi suprema lex is a Latin maxim meaning “the welfare of the people is the supreme law”. This maxim emphasizes that the welfare of the people is the supreme priority. However, Section 309 of the penal code contradicts this principle and states that, “any person who attempts to commit suicide and takes any measures toward the commission of that offence shall be punished with simple imprisonment which may extend to one year, or with a fine, or with both penalties”. This section functions as a punitive measure against those who are already severely vulnerable mentally, rather than using a rehabilitative and welfare-oriented approach. This provision uses the word ‘shall’ rather than ‘may’, thereby imposing a mandatory duty on the court that must be performed and leaving no room for discretion. An act or omission that violates the law and is committed with both a guilty act (Actus Reus) and a ...

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