BNS Section 107 : Abetment of Suicide of Child or Person of Unsound Mind
Section 107 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It specifically addresses the offense of abetment of suicide involving a child or a person of unsound mind. This provision recognises the vulnerability of such individuals and criminalises any act of instigation, aiding, or abetting that leads to their suicide.
Definition of BNS Section 107
Section 107 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 107
This section addresses the crime of abetting suicide, specifically when the victim is someone who is particularly vulnerable—such as a child, a person of unsound mind, a delirious person, or someone under the influence of alcohol or drugs. The law holds anyone who abets (encourages, aids, or incites) such an individual to take their own life criminally responsible.
- Example 1: Abetting Suicide of a Person of Unsound Mind
A person with a mental illness is encouraged by another person to end their life, either directly or by giving them harmful suggestions or encouragement. In this case, the individual who encouraged the suicide would be punished under Section 107, with potential penalties of life imprisonment, up to 10 years of imprisonment, along with a fine. - Example 2: Abetting Suicide of a Person in a Delirious State
A person who is severely intoxicated and in a delirious state is influenced by another individual to take their own life. Even though the victim was not in their full senses, the person who encouraged or assisted in the suicide would be guilty under this section and face the legal consequences as outlined in Section 107.
Key Points in Section 107
The provision you are referring to seems to be a detailed legal clause emphasising the serious consequences of abetment of suicide, especially for vulnerable groups. Here’s a structured summary:
Targeted Individuals
This section focuses on protecting vulnerable individuals, such as:
Definition of Abetment
Punishments
The section outlines stringent penalties:
Legal Implications
Mental Health Consideration
If this aligns with any specific section of the Bharatiya Nyaya Sanhita (BNS) or another legal text, feel free to share the reference for further clarification or detailed interpretation.
Differences Between Section 107 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 107 of BNS and its equivalent IPC section 305 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 107 | Abetment of suicide of child or person of an unsound mind. | 305 | Formal changes but essence is same- 'insane person' is replaced by 'person of unsound mind'. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 107 of the Bharatiya Nyaya Sanhita (BNS)
What is meant by abetment under Section 107?
Abetment refers to encouraging, inciting, or assisting another person to commit suicide. It includes both direct actions, like coercion, and indirect ones, such as creating circumstances that lead to the act.
Why does Section 107 focus on mental health?
The section recognises mental illnesses, delirium, and intoxication as conditions impairing judgment. It highlights the need to protect individuals in such states and punishes those who exploit their vulnerability to push them toward suicide.
Is there a difference in punishment based on the victim’s age?
Yes, harsher punishments are generally applied when the victim is a minor. This reflects the legal system's higher duty of care towards children and their inability to protect themselves from coercion or manipulation.
Can abetment include negligence?
Yes, abetment can encompass neglecting the duty of care or failing to intervene in situations where the abettor’s actions or omissions directly contribute to the individual’s decision to commit suicide.
What is the significance of intoxication in Section 107?
Intoxication impairs decision-making and self-control. By including individuals in a state of intoxication, the law ensures protection against exploitation or coercion during a period of reduced capacity to resist abetment.
Can someone be punished without evidence of direct involvement?
Yes, indirect involvement, such as persistent harassment, manipulation, or creating unbearable circumstances, can qualify as abetment if it leads to the person’s suicide.
