Assaignment on:

A Legal view on Suicide

Date of Submission:
30th april, 2024
Submitted By,
Sakhawat Hossain
Reg No:21211020
Submitted To,
Noor-E-Madina Suraiya Jesmin
( Lecturer,University Of Asia pecific)
 A Legal view on Suicide

Table of Content
1.Introduction
2. Suicidal Data Analysis
2.1 According to WHO
2.2 In Bangladesh
2. 3According to the United News of Bangladesh
2.4The Daily Star
2.5Suicide in Public and Private Universities
3. METHODS OF SUICIDE
4. FACTORS ASSOCIATED WITH SUICIDE
5. TIME OF SUICIDE
5.1Warning Signs of suicide
6. LEGAL ASPECTS
6.1Punishment for attempted suicide
6.2Punishment for abetting, aiding or encouraging suicide
6.3Decriminalization of attempted suicide
6.4Recommendations for decriminalization of attempting suicide
6.5Moral justifications for criminal penalties for assisting, inciting and encouraging suicide
7. The situation of Bangladeshi Legal System
8.Analysis and Recommended Reforms
9.Conclusion
 1. Introduction
Suicide is the leading cause of death worldwide. Researchers, medical professionals, lawmakers,
and other health professionals frequently overlook it. Suicide is a complicated and extremely
unsettling topic that has an impact on people all around the world. Like in many other nations,
suicide has raised issues from a social and legal standpoint in Bangladesh. Suicide attempts were
considered crimes for many years under the Penal Code, a punishing strategy that frequently
made people who were already experiencing a crisis worse. But attitudes and legal frameworks
surrounding suicide have changed significantly in recent years, as more people realize that
helping those who are struggling with mental health issues needs to be done with compassion
and care. The penal codes of 192 states and countries were gathered; suicide is currently
prohibited in 25 of them, and attempts at suicide may result in jail time in the other 20 countries
that adhere to Sharia or Islamic law. The vast majority of nations have laws that forbid aiding,
encouraging, or abeting in suicide; nevertheless, the specifics of what constitutes a criminal act
vary widely. Laws in jurisdictions having systems of Civil, Common, Islamic, and Traditional
law are contrasted. Significant variations in application were observed, occasionally even within
nations.

2. Suicidal Data Analysis

Bangladesh is not an exception to the ignored global public health issue of suicide. Sadly, suicide
is far too frequently overlooked as a serious public health issue. Globally, almost a million
people take their own lives each year. Globally, the suicide rate has increased by 65% in the last
45 years (World Health Organization, 2004). Asia accounts for 60% of all suicide instances
worldwide, with Bangladesh having 39.6 suicide cases per 100,000 people. Suicide is the second
most common cause of death for young people aged 15 to 24 worldwide, and it can happen at
any stage of life (World Health Organization, 2015). Furthermore, there are 20–30 times as many
attempted suicides (Wasserman, 2001)i
2.1 According to WHO:
According to projections from the World Health Organization (WHO) and current trends, 1.53
million people worldwide will die by suicide and 10–20 times as many will attempt suicide. This
translates to an average of one suicide death and one suicide attempt every 1-2 seconds (Feroz et
al., 2012; Khan 2005; Ali et al., 2014). In Bangladesh, suicide incidents occur on a regular basis
these days. According to reports from the World Health Organization (2014), Mashreky et al.
(2013), Shahnaz et al. (2017), and Begum et al. (2017a), the country has an annual suicide death
toll of about 10,000 people. Aseltine and DeMartino (Aseltine & Martino, 2004), Johansson et
al. (Johansson, Lindqvist & Eriksson, 2006), and Alexander (Alexander, 2001) have all
investigated suicide, which is an issue that is becoming more and more prevalent across cultural,
geographical, religious, social, and economic barriers. Although a variety of interrelated factors,
including those that are personal, social, psychological, cultural, biological, and environmental,
might influence suicidal behavior, depression is the most prevalent mental illness among those
who take their own lives (Cavanagh, Carson, Sharpe & Lawrie, 2003). Major depressive illness
is present in almost half of all suicide deaths in high-income nations (Arsenault, Kim & Turecki,
2004; Carroll, Metcalfe & Gunnell, 2016). Furthermore, a history of attempted suicide is a strong
predictor of suicide death (Carroll, Metcalfe & Gunnell, 2016). 39% of suicides worldwide are
thought to be committed by the 26% of people who live in the 11 nations that make up the WHO
South-East Asia Region (World Health Organization, 2017)ii

2.2 In Bangladesh:
Bangladesh is one of the most populous and economically developing countries in South Asia,
with a higher suicide rate than any other Asian nation. According to the current review, South
Asia has higher suicide rates than the world average, although there is still a dearth of
trustworthy data on the region's suicide rates (Jordans & et al, 2014). There isn't currently a
national suicide surveillance system in place. In addition, no national investigation on the risk
factors for suicide has yet been started (Khan 2005; Arafat 2017; Shah et al. 2017; Chowdhury et
al. 2018). Moreover, according to the legal system, it remains a criminal offense (Arafat, 2017).
2.3According to the United News of Bangladesh:
Suicide rates are rising in Bangladesh as a result of socialization process difficulties, inadequate
attention to mental health concerns, and a lack of critical support (Daily Sun, 2018). There is no
official reporting system in place for the prevalence of suicide in Bangladesh. In Bangladesh,
under-reporting is still common, and there isn't a national survey. Bangladesh, like Pakistan,
Afghanistan, and Nepal, largely depends on police data, which is probably a severe
underestimate of the true rates. According to the World Health Organization's 2014 report,
Bangladesh had approximately eight suicides for every 100,000 residents. The research currently
in publication (Feroz & et al., 2012; Khan 2005; Ali & et al., 2014; Jordans & et al, 2014) found
the average suicide rate to be 39.6/100,000 population/year. Around 6,500,000 people in
Bangladesh are at risk of suicide, according to a 2010 assessment by the Shaheed Suhrawardy
Medical College Hospital in Dhaka. In Bangladesh, suicide rates are 128.08 per 100,000 people
annually.

However, it should be noted that the aforementioned rate was only estimated from a survey
carried out in a single union, making it a poor representation of the nation's overall suicide rate
given that the annual rate is much lower than what the report from the previous few years stated
(Hasan & Rabby, 2018). According to estimates, there were 3.29 and 9.86 fatal and non-fatal
suicide behaviors for every 100,000 PYO, respectively.

2.4The Daily Star:

A research published in The Daily Star states that 73,389 individuals in Bangladesh took their
own lives between 2002 and 2009. Of these 73,389 individuals, 31,857 took their own lives by
hanging and 41,532 took their own lives by poisoning (Rony, 2018). According to the World
Health Organization (WHO), 19,697 suicides occurred in Bangladesh in 2011
(Worldlifeexpectancy.com, 2012). Bangladesh Police, which releases an annual report on suicide
cases, states that in 2017, over 11,000 persons in the nation took their own lives, compared to
9,665 in 2010. 10,600 suicide events occurred in Bangladesh overall in 2016, compared to
10,500 in 2015 and 10,200 in 2014. Figure 02 depicts the suicide rate in Bangladesh between the
years 2012 and 2017.Additionally, police statistics indicate that the number of suicides has gone
up over time. Approximately 6,753 persons killed themselves between January and July of this
year, according to the police. According to Rony (2018) and Hasan (2019), this translates to
almost 32 suicides per day, or 29 and 30 in 2015 and 2017, respectively. While the Bangladesh
Police were unable to provide suicide data for 2018, they were able to record 19,094 unnatural
deaths in the year, of which 11,000 were likely suicide deaths. Multiple psychiatrists also
corroborated this allegation (The Daily Star, 2019)iii.

2.5Suicide in Public and Private Universities:

In the last two years, public university suicide rates have increased. The Daily Star reported in
2017 that six public university students had committed suicide. One each from Jahangirnagar
University and Jatiya Kabi Kazi Nazrul Islam University in Mymensingh, and four from Dhaka
University(DU).One university where there has been a rise in reported suicide cases is Dhaka
University. Between 2005 and 2016, up to 13 students took their own lives.Nevertheless, in the
two years between 2017 and 2018, the same number of students perished.iv

3. METHODS OF SUICIDE
Based on articles, different suicide techniques exist. There is a dearth of thorough articles about
current suicide techniques as a result. In Bangladesh, hanging is the most popular and favored
means of suicide (Ahmad & Hossain, 2011). In Bangladesh, ingesting poison or pesticides is
another prevalent means of suicide. In cities, there are alternative ways for people to end their
lives, like taking too many barbiturates or using other methods. According to Shah, Ahmed, and
Arafat (2017), some more noteworthy techniques include burning, jumping in front of a train,
falling from great heights, drowning, gunfire, and slitting one's throat. According to a
community-based survey conducted by Feroz et al. (2012), hanging and insecticide consumption
are the most prevalent ways for people to end their lives. In contrast, Choudhury et al. (2012)
discovered that poisoning is the most common way for people to end their lives (Wu, Chen, &
Yip, 2012). Additional research indicates that hanging is the most popular means of suicide in
Bangladesh (Ali et al., 2014); poisoning is the second most common technique (Hossain,
Rahman & Akhter, 2011). According to data from a census survey, the most common method of
suicide, according to Salam et al., was hanging (59%) followed by poisoning (31%), burns
(5.1%), drowning (2.6%), and exsanguinations (2.6%) in cases of death. For non-fatal suicidal
behavior, the most common method was poisoning (71.93%), which was followed by hanging
(22.81%) (Salam et al., 2017). Both the subcontinent and the western countries are at odds with
these methodologies (Ali & et al., 2014; Jordans & et al, 2014; Wu, Chen, & Yip, 2012).

The choice of method is influenced by traditional culture, but also by easy accessibility and
availability, as well as high fatality rates (Feroz et al., 2012). The mass media, a potent cultural
channel, has also contributed significantly to the spread of suicide methods (Wu, Chen, & Yip,
2012). In Bangladesh, there are very few suicides that are the result of gun use (Arafat, 2017).

The vast majority of people in Bangladesh reside in villages. Our economy is still centered on
agriculture. Insecticides can be chosen because they are deadly, readily available, accessible, and
poorly stored (Feroz & et al., 2012, Ali & et al., 2014; Wu, Chen, & Yip, 2012; Talukder, Karim,
Chowdhury, Habib, Chowdhury & Perveen, 2014). Hanging and poisoning are also preferable to
the current culture. According to several studies (Wu, Chen, & Yip, 2012; Talukder, Karim,
Chowdhury, Habib, Chowdhury & Perveen, 2014), dopatta (orna) was the most often used
ligature material when hanging; nevertheless, according to a different study, rope was the most
often used ligature material when hanging (Hossain, Rahman & Akhter, 2011).v

4. FACTORS ASSOCIATED WITH SUICIDE

According to the World Health Organization, the main causes of suicide include stress, mental
illness, unemployment, and substance misuse (World Health Organization, 2014). According to a
cross-sectional study done in Bangladesh, patients who used drugs, were younger, female, had
less education, were students, came from a nuclear family, and had a history of family suicide
tended to have more suicidal thoughts (Mali, Akter & Arafat, 2018). Suicidal tendencies are
caused by depression, an inability to handle stressful situations, a lack of appropriate care and
support, difficulties in the socialization process, and a disregard for mental health issues (Daily
Sun, 2019). Additional frequent causes mentioned in many newspapers include trauma, anxiety,
intense pressure to perform well academically, family issues, and social pressure (Rony, 2018).
When a guy harasses a woman sexually, the victim feels humiliated and occasionally considers
suicide because she believes her dignity has been totally destroyed (Rony, 2019). According to
Shah, Ahmed, and Arafat (2017), there are other risk factors that include financial restrictions,
affair, domestic abuse, divorce, and physical disease.vi
 5. TIME OF SUICIDE
There is no set time for engaging in lethal suicide conduct. The majority of suicide events in
Bangladesh were found to occur at night, followed by morning (6 am–12 am), evening, noon (12
pm–4 pm), afternoon (4 pm–6 pm), night (6 pm–12 am), and late night (12 am–6 am), according
to a six-month paper content study (Shah, Ahmed, & Arafat, 2017).

5.1Warning Signs of suicide:

According to the World Health Organization, there are several warning signs of suicide,
including: threatening to take one's own life; implying that "no one will miss me when I am
gone" or that "death is a place to go"; searching for means of taking one's own life (such as
obtaining drugs, guns, or pesticides); framing suicide as a solution to a problem; parting with
sentimental belongings; and bidding farewell to close friends or family members (World Health
Organization, 2014).

6. LEGAL ASPECTS
According to Khan (2005), suicide is not regarded a criminal offense in many developed
countries, however it is in Bangladesh and some other countries as well. The disclosure of
suicide is impeded by social, religious, and legal issues in addition to potential legal
repercussions.

In Bangladesh the law is as such, “whoever attempts to commit suicide and does any act toward
the act of commission of such offense, shall be punished with simple imprisonment for a term
which may extend to one year, or with fine, or with both” (The Penal Code, 1860).

According to section-306, if any person commits suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.

6.1Punishment for attempted suicide:

Results show that out of 192 sovereign nations and states, 25 currently have laws that
specifically address attempted suicide and associated penalties. Twenty more nations have Sharia
or Islamic law, which allows for the punishment of suicide attempters even in the absence of a
formal law. The statutes specify a variety of punishments, from a little fine or brief jail time to a
permanent sentence. Even though most nations have laws that specify the penalties for suicide.

6.2Punishment for abetting, aiding or encouraging suicide:

The majority of nations, even those where decriminalization of suicide attempts has occurred,
have laws that prohibit aiding, abetting, or encouraging suicide; however, the specific acts that
fall under this category are not all the same, nor are the associated penalties. Of the 192 nations,
142 have laws that specify jail terms as well as other penalties for aiding or inciting suicide. The
specifics of these laws' provisions differ substantially, as does the degree to which they are
enforced.

6.3Decriminalization of attempted suicide:

Suicide rates actually tend to decrease in nations that have decriminalized; there is no evidence,
not even case studies, to suggest that decriminalization causes a rise in suicides.
Decriminalization might, however, lead to a rise in suicide reporting after the threat of legal
repercussions for suicide is removed. Even though many people agree that suicide should be
treated like a mental illness, decriminalization is unlikely to occur in several nations due to
political realities.

Why punish suicide attempters?

Punishment may be seen as having a practical purpose in decreasing crime or the recurrence of
socially acceptable behavior. Regarding the punishment of individuals who attempt suicide, there
is a lack of factual evidence to substantiate the notion that the possibility of imprisonment serves
as a deterrent. Though one might think that reported suicides might be fewer when suicide
attempts are outlawed, suicide rates are not generally lower in nations with laws punishing
attempters.

6.4Recommendations for decriminalization of attempting suicide:

In nations where laws consider people who attempt suicide as criminals rather than as people in
need of assistance for mental health issues and related concerns, there is a need to advocate for
the decriminalization of suicide. In addition, it would be beneficial to encourage the
establishment of a common definition for aiding, abetting, and facilitating suicide in order to
create more uniform policies and procedures across national boundaries. Some nations restrict
illicit activities to children, while others solely allow suicide.

6.5Moral justifications for criminal penalties for assisting, inciting and

encouraging suicide:
Even though attempts at suicide are no longer illegal, there is still a distinction made from a
moral and legal standpoint between trying to kill oneself and having someone help, provoke, or
support suicidal behavior. Helping someone commit suicide is still contentious, even in states
where euthanasia or assisted suicide is permitted for those who are terminally sick or have
unbearable pain.

Reversing their earlier ruling in Rodriguez, the Justices of the Supreme Court of Canada (2015)
unanimously decided in a landmark decision to decriminalise the Criminal Code of Canada's
"aiding and abetting" provisions: "Section 241 (b) and s.14 of the Criminal Code (the sections
making it a crime to assist in suicide) are of no force and effect to the extent that they prohibit
physicial assisted death for a competent adult person (p. 4).

7. The situation of Bangladeshi Legal System

There are two categories of legal systems in the world: in the first category are European nations
like Belgium, Luxembourg, the countries like the Netherlands, Switzerland, and others, it is
lawful to commit voluntary suicide. In other nations, such as Saudi Arabia, Bangladesh, China,
and Pakistan, etc.

where it is illegal to commit suicide and one faces criminal prosecution for not doing so.The
Penal Code 1860 is the primary legislation in Bangladesh pertaining to suicide. Sections 305,
306, and 309 of the code penalize aiding and abetting the suicide of a minor or insane person as
well as attempts to commit suicide vii. A person who helps another person commit suicide could
potentially be executed. In addition, someone who plans to commit suicide or abstains from
doing so could be imprisonment.But are the current rules adequate in the real world, or are they
outdated and devoid of scientific knowledge?
 8.Analysis and Recommended Reforms
It doesn't seem that the Penal Code, 1860 has enough laws to address every facet of
suicide.Particularly, section 309, which criminalizes suicidal individuals, is a cruel and
antiquated law. The protection of one's right to life and personal liberty is guaranteed by Article
32 of the Constitution, and Part II of the document outlines the Fundamental Principles of State
Policy, which calls on the government to strive toward the socioeconomic advancement of the
populace. Thus, in accordance with the spirit of the constitution, it is the state's duty to set up the
necessary legal and institutional frameworks to assist suicidal individuals. As a result, passing a
unique legislation similar to England's and Wales' Suicide Act of 1961 is strongly advised. Until
then, the Bangladeshi judiciary can take a progressive stance by imitating the Indian judiciary's
decision in the well-known State of Maharashtra v. Maruti Shripati Dubal case, which exempts
patients with mental illnesses that increase the risk of suicide (such as schizophrenia, giddiness,
fear, insomnia, etc.) from being found guilty of attempting suicide. Furthermore, not much has
been done to establish an institute devoted to researching suicides, despite Prime Minister Sheikh
Hasina's previous orders to that effect. It should be completed quickly, particularly in light of the
mental health problems associated with COVID-19. Furthermore, it is imperative to guarantee
the decriminalization of suicide and the social acceptance of individuals who have attempted
suicide. It may be conceivable to implement legal measures that forbid discrimination against
individuals who have attempted suicide, so paving the way for a social change that would protect
the most defenseless members of society.viii

9.Conclusion
Bangladesh is a middle-income nation with a high suicide rate that is also highly populated. The
material currently in publication indicates that the suicide rate is rising. Suicide is an
underdiagnosed public health issue in our nation. There is a dearth of literature and little research
on suicide. The creation of a nationwide suicide surveillance system is now a step that is required
and is based on scientific assessment. Ultimately, the appropriate authorities ought to take the
required actions to resolve it. More and more nations are considering or allowing assisted suicide
for those with terminal illnesses or chronic, irreversible degenerative diseases. However, as few
nations have decriminalized assisted suicide for terminally ill individuals (as long as specific
rules are followed), we lack extensive data regarding the immediate and long-term effects of
these reforms. From a legal standpoint, the focus has shifted towards prevention, intervention,
and postvention strategies, aiming to reduce the incidence of suicide and provide assistance to
those affected by it. This includes mental health support services, crisis intervention hotlines, and
legislative measures aimed at improving access to mental healthcare.

While suicide itself may no longer be considered a crime in many jurisdictions, there are legal
implications surrounding related issues such as assisted suicide, euthanasia, and the duty of care
owed by individuals and institutions towards those at risk of suicide. These matters often spark
ethical, moral, and legal debates, highlighting the ongoing complexities surrounding the
regulation of suicide-related practices.
i
Ahmad, M., & Hossain, MZ. (2011) Hannging as a method of suicide: Retrospective Analysis
Postmortem Cases. Journal of Armed Forces Medical College Bangladesh,
ii
Alam, N., Chowdhury, H.R., Das, S.C., Ashraf, A., & Streatfield, P.K. (2014). Causes of Death in
Two Rural Demographic Surveillance Sites in Bangladesh, 2004–2010: Automated Coding of Verbal
Autopsies Using Inter. Global Health Action
iii
The Daily Star, https://www.thedailystar.net/
iv
https://www.dhakatribune.com/bangladesh/262864/survey-101-university-students-committed-suicide
v
Bangladesh Suicide. worldlifeexpectancy.com. (15 November 2012).
vi
Begum. A., Khan, NT., Shafiuzzaman. A., Shahid. F., Anam, AA., Ahmed, KS., & et
al. (2017). Suicidal death due to hanging. Delta Medical College Journal, 2017a(5), 89–93.
vii
The Penal Code, 1860. http://bdlaws.minlaw.gov.bd/act-11.html

Chowdhury, FR., Dewan, G., Verma, VR.,Knipe, DW., Isha, IT., Faiz MA., & et al. (2018). Bans of
viii

WHO class I pesticides in Bangladesh—suicide prevention without hampering agricultural output. Int J
Epidemiol, 47, 175–184.