Federal Shariat Court restores law criminalising suicide attempts

ISLAMABAD: The Federal Shariat Court (FSC) on Monday ruled that the 2022 law removing criminal penalties for attempted suicide was contrary to Islamic injunctions and declared the relevant provisions void, restoring the earlier legal position under the Pakistan Penal Code.

A three-member bench comprising Chief Justice Iqbal Hameedur Rehman, Justice Syed Muhammad Anwar and Justice Amir Khan announced the reserved verdict on two petitions that had challenged amendments made through the Criminal Laws (Amendment) Act, 2022.

The petitions were pursued by Advocates Hammad Hassan Dar and Azam Malik. In its short order, the court accepted both petitions and held that the omission of Section 325 of the Pakistan Penal Code through the 2022 amendment would have no legal effect after the judgement.

Section 325 restored

The ruling means that Section 325 of the PPC, which had earlier made an attempt to commit suicide a punishable offence, stands revived. Before its repeal in 2022, the provision prescribed simple imprisonment or a fine for a person who attempted suicide.

The 2022 amendment had removed Section 325 as part of wider criminal law reforms that sought to treat suicide attempts as a mental health issue instead of a criminal offence.

Court’s reasoning

According to the short order, the FSC held that under Islamic injunctions, the state has the authority to prohibit and punish acts that place human life at risk, including attempted suicide.

The court observed that Islam clearly forbids suicide and stressed the sanctity and protection of human life. It further held that eliminating criminal liability for attempted suicide was inconsistent with the constitutional requirement that all laws must conform to Islamic injunctions.

By declaring the relevant parts of the 2022 legislation repugnant to the injunctions of Islam, the bench effectively struck down the legal change introduced by parliament through the Criminal Laws (Amendment) Act, 2022.

The judgement marks a reversal of the legislative change made three years ago, under which attempted suicide had been decriminalised. With Monday’s ruling, the deleted penal provision is once again part of the law.

The decision was announced by the three-member bench after it had reserved its verdict on the two separate petitions challenging the 2022 amendments. The court’s short order made clear that the state’s power to legislate for the protection of life remained central to its reasoning in restoring the earlier provision.