Should Attempted Suicides Be Decriminalised?

By Qistina Khairunnisa

Suicide is no longer a foreign or taboo subject in today’s global discourse. With mental health awareness on the rise, societies are increasingly open to discussing the emotional and psychological struggles that drive individuals to consider ending their lives. However, not long ago, in some legal systems, including under Section 309 of the Penal Code in certain countries, attempting suicide was treated as a criminal offense. According to the Case Study of Decriminalisation in Malaysia (2024), “Malaysia’s criminalisation of suicide can be traced back to the British colonial era, when the Penal Code was first enacted in 1936. Drawing inspiration from the Indian Penal Code, the legislation incorporated the crime of attempted suicide under Section 309.”^[1] This often results in fines, imprisonment, or both. Nevertheless, modern perspectives are slowly shifting towards empathy and medical intervention, which could lead to better aftereffects. 

One key reason attempted suicide was historically considered a crime is the value placed on human life by the state and religious institutions. In many traditional societies, life was seen not as a personal possession, but as a sacred trust given by a higher power or as a contribution to society. Taking one’s own life, therefore, was viewed as a moral and social violation. Criminalizing suicide attempts was a way to deter such acts by imposing legal consequences. Governments also saw the act as a disruption to public order and a failure of the citizen to fulfill their duties to family, community, and nation. By enforcing punishment, authorities hoped to maintain a sense of moral order and reinforce the idea that life must be preserved at all costs. 

The effects of criminalising attempted suicide, however, contradict its intended deterrent purpose. A comprehensive review entitled “Decriminalising suicide attempt in the 21st century: an examination of suicide rates in countries that penalise suicide, a critical review” analysed 20 countries that still criminalise attempted suicide and compared them with countries that don’t. The authors found no consistent evidence that penal laws on attempted suicide lead to lower suicide rates.^[2]

In fact, the review highlights that while some criminalising countries reported low suicide rates, others had rates well above the global average. The large variability undermines the idea that criminalisation is an effective preventive tool. Moreover, other analyses suggest that in many settings the criminalisation of attempted suicide may actually deter individuals from seeking help and increase stigma, thereby making effective intervention less likely. Hence, the evidence suggests that criminalising attempted suicide does notguarantee a reduction in suicide rates. The deterrent effect is weak and may conversely produce harmful side effects, such as underreporting, delayed care, and increased stigma.

Decriminalising attempted suicide is a crucial step toward recognising mental health struggles as a medical issue, not a criminal one. Individuals who attempt to take their own lives are often in deep emotional distress and punishing them only adds to their suffering. Recognising this, several countries, including Malaysia, India, and Kenya have taken progressive steps to repeal laws that criminalise suicide attempts. In Malaysia, for example, Section 309 of the Penal Code was officially repealed in 2023, following years of advocacy by mental health professionals and human rights groups. The new approach focuses on rehabilitation and psychological support instead of legal penalties.

The World Health Organization (WHO) also supports decriminalisation as part of a public health strategy to reduce suicide globally. In its 2023 policy brief, the WHO stated that punitive laws create stigma, discourage people from seeking help, and delay timely intervention, which can increase suicide risk.^[3]Instead, the organisation urges countries to replace criminal laws with mental health services, community support, and suicide prevention programs. 

In conclusion, decriminalising attempted suicide is a compassionate and evidence-based reform. It reduces stigma, encourages help-seeking, and ensures that people in crisis receive the treatment they need, not a jail sentence.

Bibliography

1. Case study of Decriminalisation in Malaysia – Decriminalise suicide worldwide. (n.d.-b). https://www.suicide-decrim.network/posts/case-study-of-decriminalisation-in-malaysia
2. Lew, B., Lester, D., Mustapha, F. I., Yip, P., Chen, Y., Panirselvam, R. R., Hassan, A. S., In, S., Chan, L. F., Ibrahim, N., Chan, C. M. H., & Siau, C. S. (2022). Decriminalizing suicide attempt in the 21st century: an examination of suicide rates in countries that penalize suicide, a critical review. BMC Psychiatry, 22(1). https://doi.org/10.1186/s12888-022-04060-5

• World Health Organization: WHO. (2023, September 12). WHO launches new resources on prevention and decriminalization of suicide. Departmental Update. https://www.who.int/news/item/12-09-2023-who-launches-new-resources-on-prevention-and-decriminalization-of-suicide?

^[1] Case study of Decriminalisation in Malaysia – Decriminalise suicide worldwide. (n.d.). https://www.suicide-decrim.network/posts/case-study-of-decriminalisation-in-malaysia

^[2] Lew, B., Lester, D., Mustapha, F. I., Yip, P., Chen, Y., Panirselvam, R. R., Hassan, A. S., In, S., Chan, L. F., Ibrahim, N., Chan, C. M. H., & Siau, C. S. (2022). Decriminalizing suicide attempt in the 21st century: an examination of suicide rates in countries that penalize suicide, a critical review. BMC Psychiatry, 22(1). https://doi.org/10.1186/s12888-022-04060-5

^[3] World Health Organization: WHO. (2023, September 12). WHO launches new resources on prevention and decriminalization of suicide. Departmental Update. https://www.who.int/news/item/12-09-2023-who-launches-new-resources-on-prevention-and-decriminalization-of-suicide?utm_source=chatgpt.com