KUALA LUMPUR, May 22 — An amendment Bill to the Penal Code to remove the offence of attempting to commit suicide has been passed at its third reading in Parliament today.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh said the Bill is intended to amend the Penal Code (Act 574) in four clauses, among others it sought to substitute the existing Section 305.
Currently, Clause 2 of the existing Section 305 only provides for the offence of abetment of suicide of a child, an insane person, a delirious person and idiot, or a person in a state of intoxication.
“With this amendment, abetment of the commission of attempted suicide of a child or a person who lacks mental capacity will also be a criminal offence.
“(Amendment of) Clause 4, it is intended to delete Section 309 to remove the offence of attempted suicide. With this amendment, the act of attempted suicide is no longer a criminal offence under Act 574,” Ramkarpal told the Dewan Rakyat.
Under Section 309, those found attempting suicide could be jailed for up to a year or fined or both.
Citing various studies conducted of late, Ramkarpal said the factors that contribute to the behaviour of suicide or attempted suicide are multifactorial and complex.
Studies found that most of those who attempted suicide are suffering from mental health problems resulting in their inability to make rational decisions, he said.
“The majority of suicide attempt cases are also under the influence of substances such as alcohol and drugs that is increasing, making it difficult for them to think rationally.
“Those who attempt suicide or self-harm are in a crisis situation and experiencing emotional pain. They are behaving with ‘ambivalence’ towards death, that is the desire to ending the emotional pain faced in at the same time wanting to be saved and survive,” he said.
He added that in the latest study published in 2022, it showed that there is a decrease in the death rate of persons committing suicide in countries that have amended or repealed the law to not criminalise attempted suicide.
“If an individual is imprisoned or faced with legal procedures, this action will delay healthcare assistance given to the individual and increase the risk of suicide for the individual.
“Until now, there is no evidence or scientific study that supports or proves that the law which criminalises attempted suicide can prevent such acts in society,” Ramkarpal said.
