Section 305 IPC and Section 107 BNS: Abetment of Suicide of a Child or Vulnerable Person
Section 305 of the Indian Penal Code, 1860 dealt with abetment of suicide involving children and certain vulnerable persons. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 107, effective from 1 July 2024.
Original Section 305 IPC: statutory provision
If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
The quoted language reproduces the historical IPC provision, including its now-outdated terminology, for accuracy. It is not appropriate to use those historical labels as modern descriptions of people with disabilities or health conditions.
Section 107 BNS: current provision
If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
Section 107 BNS updates the categories and language while retaining the alternative punishments. The term child refers to a person below eighteen years of age under the BNS definition. The prosecution must establish the qualifying circumstances and the accused person's abetment; the provision does not impose automatic liability merely because a suicide occurred.
Essential ingredients of the offence
- A suicide occurred.
- The deceased belonged to one of the categories protected by the applicable section at the material time.
- The accused abetted the commission of that suicide through conduct satisfying the legal definition of abetment.
- The required criminal intent and legally sufficient connection between the accused's conduct and the suicide are established by evidence.
What does abetment mean?
Under Section 45 BNS (corresponding broadly to Section 107 IPC), abetment of an act includes instigating it, participating in a conspiracy to bring it about where the statutory conditions are met, or intentionally aiding it by an act or illegal omission. The relevant facts, intent and proximity are assessed in context. Mere disagreement or an allegation of harassment does not, by itself, conclusively prove abetment.
Punishment under IPC 305 and BNS 107
| Issue | Section 305 IPC | Section 107 BNS |
|---|---|---|
| Subject | Abetment of suicide of child or specified vulnerable person | Abetment of suicide of child or person of unsound mind and other specified persons |
| Alternative sentences | Death, life imprisonment, or imprisonment up to 10 years | Death, life imprisonment, or imprisonment up to 10 years |
| Fine | Liable to fine | Liable to fine |
| Terminology | Historical terminology in original enactment | Uses child and person of unsound mind |
The availability of capital punishment in the statutory text does not mean it is mandatory; sentencing is subject to constitutional safeguards and applicable judicial principles.
Cognizability, bail and trial
Under the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under Section 107 BNS is cognizable, non-bailable and triable by a Court of Session. Non-bailable does not mean that bail is legally impossible: an appropriate court considers an application under the governing law and the case circumstances.
Difference between BNS Sections 107 and 108
Section 107 BNS applies where the deceased is within one of the specially protected categories stated in the provision. Section 108 BNS, corresponding to Section 306 IPC, is the general offence of abetment of suicide and prescribes imprisonment up to ten years and fine. Selection of the charge depends on the evidence and applicable statutory ingredients.
Official legislation and references
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 45, 107 and 108).
- National Crime Records Bureau - BNS sections and comparative reference.
- India Code - central legislation database (IPC and BNSS texts).
Frequently asked questions
What is Section 305 IPC?
It punished abetment of suicide of a person under 18, a person described in the former statute as insane, delirious or an idiot, or a person in a state of intoxication.
Which BNS provision corresponds to IPC Section 305?
Section 107 of the Bharatiya Nyaya Sanhita, 2023. It refers to a child, a person of unsound mind, a delirious person or a person in a state of intoxication.
What is the punishment under BNS Section 107?
Death, imprisonment for life, or imprisonment for a term not exceeding ten years, and liability to fine.
Is the offence bailable?
No. Under the BNSS First Schedule it is cognizable, non-bailable and triable by the Court of Session.
Does every allegation of harassment establish abetment?
No. The prosecution must prove legally sufficient abetment and the connection to the suicide, assessed on the facts and evidence.
Legal information notice: This article is general information, not legal advice. For an individual case, consult the latest statutory text, commencement and savings provisions, and binding judgments.