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Section 226: Attempt to Commit Suicide to Compel or Restrain Lawful Power

Bharatiya Nyaya Sanhita • Chapter XI: Of Offences by or Relating to Public Servants • Official Statutory Text & Legal Guide

Chapter XI: Of Offences by or Relating to Public Servants
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 309 IPC (Specific Hunger Strike / Coercion Variant)
Section 225 All 358 Sections of Bharatiya Nyaya Sanhita Section 227

BNSS First Schedule Legal Classification

Procedural Trial, Bail & Arrest Mandate under Bharatiya Nagarik Suraksha Sanhita, 2023
Official BNSS Schedule I
Offence / Provision Statutory Punishment Bail Status Cognizance Trial Jurisdiction Old IPC Equivalent
Section 226 BNS
Attempt to Commit Suicide to Compel or Restrain Lawful Power
 Imprisonment extending to 1 year, or fine, or both, or community service. Bailable Non-Cognizable Any Magistrate Formerly Sec 309 IPC (Specific Hunger Strike / Coercion Variant)
Statutory classification established under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Governs all FIR registrations, bail hearings, and criminal trial jurisdictions in Indian courts.

Legal Commentary & Landmark Judgments: Section 226

Section 226 introduces a modernized penal provision penalising anyone who attempts to commit suicide with the specific intent to compel or restrain any public servant from discharging their lawful official duty.

  • Attempt to Commit Suicide: Performing an overt act moving towards self-destruction.
  • Specific Coercive Intent: Executed specifically to coerce, compel, blackmail, or restrain a public servant from taking lawful official action.
  • Public Coercion: Distinguished from mental distress suicides decriminalised under healthcare legislation.
Key Landmark Precedents:
  • Common Cause v. Union of India (2018) 5 SCC 1: The Constitution Bench reviewed the jurisprudence on suicide, distinguishing between mental health crises and instrumental self-harm used as unlawful coercive leverage.
  • Gian Kaur v. State of Punjab (1996) 2 SCC 648: Affirmed that the right to life under Article 21 does not include a right to die, and coercive self-immolation or hunger strikes subverting legal process may be regulated by statute.
Courtroom Practice & Strategic Litigation Guidance:

Prosecution must establish that the attempt was an orchestrated public protest or coercive tactic aimed at stalling demolitions, tax seizures, or criminal arrests, supported by video evidence and protest banners.

Section 225 All 358 Sections of Bharatiya Nyaya Sanhita Section 227