| Particular | Details |
|---|---|
| Section | BNS Section 108 of the Bharatiya Nyaya Sanhita, 2023 |
| Offence | Abetment of Suicide |
| Replaces Old IPC | IPC Section 306 |
| Punishment | Up to 10 years imprisonment and fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Introduction
BNS Section 108 deals with the offence of abetment of suicide under the Bharatiya Nyaya Sanhita, 2023. The provision punishes a person who instigates, aids, or intentionally assists another person in committing suicide.
The section corresponds to the former IPC Section 306 and continues the legal framework relating to abetment of suicide under Indian criminal law. Since the offence involves the loss of human life, it is treated as a serious crime and carries substantial punishment.
In this article, you will learn what BNS Section 108 covers, its punishment, bail provisions, court jurisdiction, legal procedure, and how it compares with the old IPC Section 306.
What is BNS Section 108?
BNS Section 108 applies when a person commits suicide and another person has abetted the commission of that suicide.
Abetment generally includes instigation, conspiracy, or intentional aid that encourages or facilitates the commission of suicide. Mere disagreement, ordinary quarrels, or casual remarks may not automatically amount to abetment unless the necessary legal ingredients are established.
The prosecution must generally prove a clear connection between the conduct of the accused and the act of suicide.
Bare Act Text
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.
In Simple Words
If a person intentionally encourages, provokes, assists, or helps another person to commit suicide, and the suicide actually occurs, that person may be punished under BNS Section 108.
Essential Ingredients of BNS Section 108
For an offence under BNS Section 108 to be established, the prosecution generally has to prove:
- A person committed suicide.
- The accused abetted the commission of suicide.
- There was instigation, conspiracy, or intentional aid by the accused.
- A direct or proximate connection existed between the accused's conduct and the suicide.
- The accused acted with the necessary intention or knowledge required by law.
What Constitutes Abetment?
Abetment may include:
- Instigating a person to commit suicide.
- Intentionally aiding the commission of suicide.
- Participating in a conspiracy that results in suicide.
- Deliberately creating circumstances intended to drive a person toward suicide.
Whether an act amounts to abetment depends on the facts and circumstances of each case.
Punishment Under BNS Section 108
A person convicted under BNS Section 108 may be punished with:
- Imprisonment for a term which may extend to 10 years; and
- Fine.
The court determines the appropriate sentence based on the facts, evidence, and seriousness of the offence.
Classification of the Offence
| Criteria | Status |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Meaning of the Classification
Since the offence is cognizable, the police may register an FIR and investigate the matter according to law.
The offence is non-bailable, meaning bail is granted only by the competent court after considering the facts and circumstances of the case.
The offence is non-compoundable and therefore cannot ordinarily be settled privately between the parties.
Cases under BNS Section 108 are triable by the Court of Session.
Bail Under BNS Section 108
BNS Section 108 is a non-bailable offence.
An accused person may apply for bail before the competent court. While deciding the application, the court may consider:
- The nature and gravity of the allegations.
- Available evidence.
- The relationship between the accused and the deceased.
- The possibility of influencing witnesses.
- Other relevant circumstances.
The grant or rejection of bail depends on the facts of each case.
Which Court Has Jurisdiction?
Offences under BNS Section 108 are triable by the Court of Session.
After completion of investigation and filing of the charge sheet, the matter is committed to the Sessions Court for trial and adjudication.
Step-by-Step Legal Process
- Registration of FIR.
- Police investigation.
- Collection of documentary and electronic evidence.
- Recording of witness statements.
- Filing of charge sheet.
- Committal of the case to the Court of Session.
- Framing of charges.
- Examination of prosecution witnesses.
- Defence evidence, if any.
- Final arguments.
- Judgment.
- Sentencing upon conviction.
- Appeal before the higher court.
IPC Section 306 vs BNS Section 108
| Aspect | IPC Section 306 | BNS Section 108 |
|---|---|---|
| Law | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Offence | Abetment of Suicide | Abetment of Suicide |
| Punishment | Up to 10 years and fine | Up to 10 years and fine |
| Triable By | Court of Session | Court of Session |
BNS Section 108 substantially continues the provisions previously contained in IPC Section 306. The nature of the offence and punishment remain largely unchanged under the new criminal law framework.
Important Case Laws
Gurcharan Singh v. State of Punjab (2020)
The Supreme Court held that there must be a clear element of instigation or intentional aid before a person can be convicted for abetment of suicide.
M. Mohan v. State (2011)
The Court observed that a direct or active act leading the deceased to commit suicide is generally required to establish criminal liability for abetment.
Defences Available to the Accused
Depending upon the facts of the case, the accused may raise the following defences:
- Absence of instigation.
- No intentional aid or assistance.
- Lack of direct connection between conduct and suicide.
- False implication.
- Insufficient evidence.
- Independent decision of the deceased without encouragement from the accused.
The success of any defence depends upon the evidence produced before the court.
Real-Life Illustration
Suppose A repeatedly threatens, harasses, and intentionally provokes B with the objective of forcing B to end his life. If B subsequently commits suicide and evidence establishes a direct connection between A's conduct and the suicide, A may be prosecuted under BNS Section 108 for abetment of suicide.
However, every case is decided on its own facts, and the prosecution must establish the legal ingredients of abetment beyond reasonable doubt.
Conclusion
BNS Section 108 is an important provision dealing with abetment of suicide under the Bharatiya Nyaya Sanhita, 2023. The law punishes individuals who intentionally instigate, aid, or facilitate the commission of suicide. Since the offence involves the loss of human life, it is treated seriously and carries punishment of up to ten years' imprisonment and fine. Understanding BNS Section 108 helps individuals understand the legal consequences, punishment, bail provisions, available defences, and procedural aspects relating to abetment of suicide under Indian law.