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Home › BNS Sections › Section 108
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 108 BNS - Abetment of suicide

धारा 108 BNS (भारतीय न्याय संहिता) आत्महत्या के दुष्प्रेरण का अपराध है - दस साल तक की कैद और जुर्माना। पुरानी IPC की धारा 306 अब यही धारा 108 BNS है; प्रावधान में कोई बदलाव नहीं हुआ।

Act
Bharatiya Nyaya Sanhita, 2023
Section
108 - Abetment of suicide
Old provision
Section 306 IPC
Punishment
Imprisonment for 10 years and fine.
Cognizable?
Cognizable.
Bailable?
Non-bailable.
Triable by
Court of Session.

Old law → Section 108 BNS

Corresponds toChangeRemarks
Section 306 IPC Renumbered, no change No change.

Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes the abetment of suicide. It is the direct successor of the widely cited Section 306 IPC, carried into the new code on 1 July 2024 without any change in substance. If any person commits suicide, whoever abets the commission of that suicide is punished under this section.

What Section 108 BNS provides

Whoever abets the commission of suicide by any person shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. The section applies only where a suicide has in fact been committed; what it punishes is the abetment of that act.

What "abetment" means here

Abetment is defined generally in Section 45 BNS and takes three forms: instigating a person to do a thing, engaging in a conspiracy for its doing, or intentionally aiding it. In suicide cases the courts insist on a strict reading:

  • There must be a clear mens rea — an intention that the deceased take their own life — and a direct or active act by the accused that left the deceased with little choice;
  • mere harassment, a quarrel, or words uttered in a fit of anger, without more, do not by themselves amount to instigation;
  • a suicide note naming a person is a piece of evidence to be weighed, not an automatic basis for conviction - the note and the surrounding circumstances must still establish instigation or intentional aid.

Procedure and bail

Abetment of suicide is a cognizable and non-bailable offence, triable by the Court of Session. The police can register an FIR and investigate without the Magistrate's order, and bail is a matter for the court's discretion rather than of right. Because the deceased cannot testify, these cases turn heavily on documents, the suicide note if any, call records and the testimony of those who knew the circumstances.

What changed from Section 306 IPC

Nothing of substance - the provision was renumbered from Section 306 IPC to Section 108 BNS with the same ingredients, the same punishment and the same classification. The considerable body of Supreme Court case law on what does and does not amount to abetment of suicide continues to apply to the new section.

Leading Supreme Court judgments

  • Ramesh Kumar v. State of Chhattisgarh (2001): "Instigation" means to goad, urge forward, provoke or incite; words spoken in anger or emotion, without the intention that they be acted upon, may not amount to instigation.
  • S.S. Chheena v. Vijay Kumar Mahajan (2010) - abetment involves a mental process of instigating or intentionally aiding; without a positive act proximate to the suicide and clear mens rea, a conviction cannot stand.

Dealing with a case under this section - as a bereaved family or as an accused? These are Sessions trials where the framing of the evidence at the earliest stage matters enormously. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 108 BNS?

Section 108 of the Bharatiya Nyaya Sanhita, 2023 punishes abetment of suicide: if any person commits suicide, whoever abets it faces imprisonment of up to ten years and fine. It replaced Section 306 IPC on 1 July 2024.

What is Section 306 IPC called now?

Section 108 BNS. The provision was renumbered without any change in substance, so the ingredients, the punishment and the earlier case law all remain the same.

Is Section 108 BNS bailable, and which court tries it?

It is a cognizable, non-bailable offence triable by the Court of Session. Bail is at the court's discretion, not a matter of right.

What must be proved for abetment of suicide?

That a suicide occurred, and that the accused instigated it, conspired for it or intentionally aided it, with clear mens rea and a direct or active act. Mere harassment or angry words without the intention that the person take their life is generally not enough, following S.S. Chheena v. Vijay Kumar Mahajan (2010).

Is a suicide note naming someone enough to convict?

No. A suicide note is evidence to be weighed with the surrounding circumstances; the prosecution must still establish instigation, conspiracy or intentional aid by the person named.

Is Section 108 BNS a bailable offence?

Abetment of suicide under Section 108 BNS is a cognizable and non-bailable offence, and it is triable by the Court of Session.

Did Section 108 BNS change the law compared to Section 306 IPC?

Nothing changed in substance between the provisions. Section 108 BNS retains the exact same ingredients, punishment, and classification as the former Section 306 IPC.