dc.description.abstractalternative |
Investigates limitations on imposition of criminal penalty for the offence of instigating other person to commit suicide as laid down in section 293 of the Penal Code. Under such provision, the instigation of the commission of suicide by a child under sixteen years of age or by the person incapable of understanding the substance of, or controlling, his or her action is subject to criminal liability. This limitation gives rise to inability to punish the person instigating other person other than those specified by the law to commit suicide. In effect, the incidence of suicide at present is found in every class of persons, irrespective of sex and age difference, without limitation to children and persons of unsound mind or mental infirmity. Even a person of fully sound mind may, be vulnerable to commit suicide upon instigation by a third party too, as illustrated by the case of the mass suicide by descendants of destructive cults voluntarily committed to the order of cult leaders in many countries. The problem arises as to whether the provisions regarding the act of instigating the commission of suicide as stipulated in section 293 of the Penal Code are appropriate. The examination by this dissertation reveals that instigating a third party to commit suicide is the projection of inspiration or encouragement of a suicidal decision. Such inspiration or encouragement will, conceivably, affect other person's decisions to commit suicide only when the inspiration or encouragement is in the form of a positive act whilst a negative act or mere omission does not amount to a criminal offence. Also, in the case where the suicide or the attempted suicide is committed at that person's own deliberation, the inspiration or encouragement of such a suicidal encounter is not constituted although it is the aiding of the suicide. In other countries such as France, the United Kingdom and India, there have been enactments regarding the act of instigating other persons to commit suicide. In this connection, provisions are also found for imposing criminal penalties for instigating the commission of suicide by persons other than children and persons of unsound mind or mental infirmity. This indicates a significant difference from the position found in section 293 of the Penal Code the ambit of which is still restricted to certain types of persons. Such limitation as to the class of persons to be subject to instigation, has effects on proof of intent (mens rea) of the offender in the sense that the instigator is criminally liable only it is found, on the facts, that the person being the subject-matter of the instigation belongs to the class of persons specified by the law. This being so, if it is contended, and successfully proved, by the instigator that the offence has been committed without knowledge of such facts, the instigator is not conceived of as having contemplated or foreseen the consequence of the act so committed; rather, it is regarded that the commission without the said awareness is tantamount to an act without intent, in accordance with the provisions of section 59, paragraph three of the Penal Code, thereby resulting in no criminal offence under section 293 of the Code on the part of the offender. This actuality thus seems to provide rather comfortable room for the offender to escape criminal liability by invoking as a defence, and proving it, the lack of knowledge of the material facts constituting the element of the offence. It is suggested, as reflected in the ineptitude lying in the provisions relating to the instigation of commission of suicide under the Penal Code, that amendment of section 293 of the Peal Code be made in the direction of inserting a new paragraph, as paragraph one, laying down an offence of instigating any other person to commit suicide, irrespective of the age whilst the original paragraph one of the current section 293 shall remain intact but be relocated as paragraph two which serves as an aggravating factor for the act by reason that it is committed against a child or a person with mental instability |
en |