Section 306 IPC and Section 108 BNS: Abetment of Suicide

Section 306 IPC: Original statutory provision

The expression imprisonment of either description refers to rigorous or simple imprisonment, as legally applicable. The provision does not prescribe a mandatory minimum prison term.

Section 108 BNS: Corresponding law

Section 108 of the Bharatiya Nyaya Sanhita, 2023 addresses abetment of suicide. It provides imprisonment of either description for a term which may extend to ten years, and liability to fine, where a person commits suicide and another person abets its commission.

The maximum imprisonment under the general offence remains ten years. The BNS also has a separate aggravated provision, Section 107, dealing with abetment of suicide by a child, a person with mental illness, a delirious person or a person in a state of intoxication. The applicable section depends on the facts and the statutory conditions.

Essential ingredients of abetment of suicide

Establishing that a suicide occurred is not, by itself, sufficient to prove the offence. The prosecution must establish legally relevant conduct amounting to abetment and its connection with the suicide.

1. Suicide: The person concerned must have died by suicide.
2. Abetment: There must be conduct falling within the statutory concept of abetment, such as instigation, conspiracy accompanied by the requisite act or illegal omission, or intentional aid.
3. Mens rea: The required intention or culpable mental element must be established on the evidence. Ordinary disputes, criticism or isolated words do not automatically establish abetment.
4. Proximity and causal connection: Courts consider the nature, context and proximity of the alleged acts and whether they bear the necessary connection to the suicide.

Meaning of abetment

Section 45 BNS defines abetment of a thing, including instigating a person to do it; engaging in a conspiracy for its doing where an act or illegal omission occurs in pursuance of that conspiracy; or intentionally aiding its doing by an act or illegal omission. The corresponding IPC definition was in Section 107 IPC.

Whether particular behaviour constitutes instigation or intentional aid is a fact-sensitive legal question. A suicide note, if any, is relevant evidence but does not automatically establish every element of the offence.

Evidence and statutory presumptions

Evidence may include witness statements, contemporaneous messages, electronic records, medical and post-mortem evidence, prior complaints, surrounding circumstances and any suicide note. The reliability and admissibility of each item must be assessed under the applicable law.

Section 117 Bharatiya Sakshya Adhiniyam, 2023

Where a married woman dies by suicide within seven years of marriage and it is shown that her husband or his relative subjected her to cruelty, the court may presume, having regard to all other circumstances, that the suicide was abetted by the husband or such relative. This is a discretionary, rebuttable presumption, not an automatic finding of guilt. The corresponding earlier provision was Section 113A of the Indian Evidence Act, 1872.

This presumption must not be confused with the distinct provision governing dowry death under Section 118 BSA (formerly Section 113B of the Indian Evidence Act).

Is Section 108 BNS bailable or non-bailable?

Under the applicable schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), abetment of suicide under Section 108 BNS is classified as cognizable and non-bailable and is triable by the Court of Session. Non-bailable does not mean bail is legally impossible: the competent court determines bail according to statutory conditions and the facts.

For offences committed before the new laws commenced, the IPC and the Code of Criminal Procedure, 1973 may remain relevant through applicable savings and transition rules. A lawyer should check the date of the alleged conduct and the law governing the proceedings.

Section 306 IPC compared with Section 305 IPC

Section 306 IPC was the general offence of abetment of suicide. Section 305 IPC addressed the more serious offence of abetting suicide by specified vulnerable persons, including children. The corresponding BNS provisions are Sections 108 and 107 respectively. The aggravated provision has different punishment possibilities, including life imprisonment or death, and should not be treated as interchangeable with the general offence.

Official legal sources

• India Code - Central legislation and statutory text (search for Bharatiya Nyaya Sanhita, 2023, Sections 45, 107 and 108).
• Ministry of Home Affairs - criminal law commencement notifications and implementation materials.
• India Code - Bharatiya Sakshya Adhiniyam, 2023 (Section 117) and Bharatiya Nagarik Suraksha Sanhita, 2023 (First Schedule).
• Supreme Court of India - judgments and authoritative case-law research.

Frequently asked questions