BNS Section 107 (Old IPC 305): Abetment of Suicide of a Child or Person of Unsound Mind – Punishment, Bail & Procedure

Introduction

BNS Section 107 of the Bharatiya Nyaya Sanhita, 2023 deals with the abetment of suicide by particularly vulnerable persons, including children, persons of unsound mind, delirious persons, and persons in a state of intoxication.

The law treats such cases with exceptional seriousness because the victims may lack the maturity, judgment, or mental capacity required to make informed decisions. Therefore, any person who instigates, aids, encourages, or otherwise abets the commission of suicide by such individuals may face severe criminal punishment.

BNS Section 107 replaces IPC Section 305 and continues to provide stringent penalties for this grave offence.

What is BNS Section 107?

BNS Section 107 applies when:

• A child commits suicide; or
• A person of unsound mind commits suicide; or
• A delirious person commits suicide; or
• A person in a state of intoxication commits suicide;

and another person abets the commission of that suicide.

The offence is complete when both suicide and abetment are established.

Bare Act Text

“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.”

In Simple Words

If a person encourages, instigates, assists, or helps a child, mentally unsound person, delirious person, or intoxicated person to commit suicide, that person may be punished under BNS Section 107.

Because the victim belongs to a vulnerable category, the law provides much stricter punishment than ordinary cases of abetment of suicide.

Essential Ingredients of BNS Section 107

To establish an offence under BNS Section 107, the prosecution generally needs to prove:

1. Suicide was committed.
2. The deceased was:
   • A child; or
   • A person of unsound mind; or
   • A delirious person; or
   • A person in a state of intoxication.
3. The accused abetted the commission of suicide.
4. There was a connection between the conduct of the accused and the suicide.

All these elements are generally necessary to establish liability under the section.

Who is Covered Under BNS Section 107?

Child

The section applies where the person committing suicide is a child. The law recognises that children are especially vulnerable to influence, pressure, and manipulation.

Person of Unsound Mind

A person suffering from mental incapacity or unsoundness of mind falls within the protection of this section.

Delirious Person

The provision also covers persons who are in a delirious state and may not possess normal judgment or awareness.

Person in a State of Intoxication

Where a person is under intoxication and commits suicide after being abetted by another person, the section may apply.

Meaning of Abetment

For liability under BNS Section 107, mere presence is not sufficient.

The prosecution generally needs to establish some form of abetment, such as:

• Instigation.
• Intentional aid.
• Active encouragement.
• Participation in a plan leading to suicide.

The exact nature of the conduct is determined from the facts of each case.

Why the Punishment is More Severe

The law imposes harsher punishment because the victims covered under BNS Section 107 belong to categories considered particularly vulnerable.

Such individuals may be more susceptible to influence, coercion, manipulation, or pressure. Therefore, abetting their suicide is treated as a more serious offence than ordinary abetment of suicide.

Punishment Under BNS Section 107

A person convicted under BNS Section 107 may be punished with:

• Death; or
• Imprisonment for Life; or
• Imprisonment up to 10 Years; and
• Fine.

This is one of the most severe punishments available under the Bharatiya Nyaya Sanhita.

The exact sentence depends upon the facts and circumstances of the case.

Classification of the Offence

BNS Section 107 is a cognizable and non-bailable offence. It is non-compoundable and triable exclusively by the Court of Session.

Bail Under BNS Section 107

BNS Section 107 is classified as a non-bailable offence.

An accused person may apply for bail before the appropriate court. The court may consider factors such as:

• Nature and gravity of allegations.
• Evidence on record.
• Role of the accused.
• Circumstances surrounding the suicide.

Since the offence carries extremely severe punishment, courts generally examine bail applications carefully.

Which Court Has Jurisdiction?

According to the classification provided for BNS Section 107, offences under this section are triable by the Court of Session.

After investigation, the case is ordinarily committed to the Sessions Court for trial.

Step-by-Step Legal Process

1. Information regarding the suicide is received.
2. Police register a case and begin investigation.
3. Evidence relating to the suicide is collected.
4. Statements of witnesses are recorded.
5. Electronic records, communications, and other relevant materials may be examined.
6. The role of the accused is investigated.
7. A charge sheet may be filed.
8. The matter is committed to the Court of Session.
9. Trial is conducted.
10. Judgment is delivered.

Old Law vs New Law (IPC to BNS Mapping)

BNS Section 107 substantially continues the provisions previously contained in IPC Section 305.

Defences Available to the Accused

Depending upon the facts of the case, possible defences may include:

• No abetment was committed.
• No instigation or intentional aid was provided.
• Lack of causal connection between the accused's conduct and the suicide.
• False implication.
• Insufficient evidence.
• The deceased does not fall within the categories covered by the section.

Real-Life Illustration

Suppose an individual repeatedly encourages and pressures a mentally unsound person to end their life and actively assists in carrying out the act. If the person subsequently commits suicide, the individual responsible for such abetment may be prosecuted under BNS Section 107.

Similarly, where a child is instigated or intentionally aided in committing suicide, the person responsible may face liability under this provision.

Conclusion

BNS Section 107 provides stringent punishment for persons who abet the suicide of children, persons of unsound mind, delirious persons, or intoxicated persons. Recognising the vulnerability of such individuals, the law treats these offences with exceptional seriousness and prescribes penalties extending to death or life imprisonment.

The offence is cognizable, non-bailable, non-compoundable, and triable by the Court of Session, reflecting the gravity attached to the protection of vulnerable persons under criminal law.