BNS Section 108 : Abetment of Suicide
Section 108 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. It addresses the abetment of suicide, focusing on the legal accountability of individuals who encourage, incite, or assist vulnerable persons to take their own lives. This includes minors, persons with mental illnesses, delirious individuals, and those under intoxication.
Definition of BNS Section 108
Section 108 of the BNS 2023 States:
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation and Illustration of BNS Section 108
Section 108 of the Bharatiya Nyaya Sanhita defines who can be considered an abettor. An abettor is someone who instigates, engages in a conspiracy, or intentionally aids in committing an offense. This section clarifies that the abettor is liable regardless of whether the principal offense is committed or not, as long as there is clear evidence of instigation, conspiracy, or assistance. The section also emphasizes that the abettor's intent and participation in facilitating the crime are essential factors for liability.
Illustration of Section 108
Person A, struggling with severe depression, is constantly told by Person B that their life is not worth living and that their family would be better off without them. Person B frequently pressures Person A, telling them that no one cares about them and encouraging them to end their life. Eventually, Person A succumbs to this pressure and takes their own life.
Legal Consequences: In this case, Person B has abetted Person A’s suicide. By repeatedly encouraging and pressuring Person A to commit suicide, Person B is guilty of abetting the commission of suicide, even though they did not directly cause the act.
Under Section 107 of the BNS 2023, Person B would be punished with imprisonment of up to ten years and also be liable to a fine for their role in encouraging Person A's suicide.
Key Points in Section 108
The provision emphasises the protection of these vulnerable groups, ensuring that abettors face stringent punishments, including imprisonment upto 10 years. It underscores the legal system's commitment to deterring exploitation and promoting mental health awareness, safeguarding individuals from undue influence or coercion.
Definition of the Offense:
Section BNS-108 pertains to the offense of abetting suicide. Abetment involves instigating, encouraging, or assisting another person to take their own life.
Punishment for Abetment:
Differences Between Section 108 of 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 108 of BNS and its equivalent IPC section 306 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 |
|---|---|---|---|
| 108 | Abetment of suicide. | 306 | No change. |
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FAQs about Section 108 of the Bharatiya Nyaya Sanhita (BNS)
What constitutes abetment under Section 108?
Abetment involves actions such as instigating, encouraging, or aiding someone in committing suicide. Any direct or indirect involvement that contributes to the individual’s decision to end their life may fall under this section.
What is the punishment for abetment of suicide under Section 108?
The punishment for abetment of suicide includes imprisonment, which may be rigorous or simple, for a term of up to ten years. Additionally, the offender may also be fined, emphasising the seriousness of the offense.
How does Section 108 view mental incitement?
Mental incitement, such as persistent harassment or pressurising an individual, can be considered abetment if it leads to suicide. The section recognises both physical and psychological contributions to the offense.
Is mere presence at the time of suicide considered abetment?
No, mere presence at the time of suicide does not automatically amount to abetment. There must be evidence of active encouragement, assistance, or provocation to be held liable under Section 108.
Can abetment charges be applied to repeated harassment?
Yes, repeated harassment, especially if it leads to severe mental stress or emotional breakdown resulting in suicide, may be treated as abetment under Section 108, depending on the specific circumstances.
Are there any exceptions under Section 108?
There are no direct exceptions to Section 108. However, the court examines the intention, nature of involvement, and evidence presented before convicting someone under this section.
Does Section 108 apply to minors?
Yes, if a minor abets another person’s suicide, they can be held accountable under Section 108. However, the punishment may vary based on their age and applicable juvenile laws.
