BNS Section 107 – Abetment of suicide of child or person with mental illness

IPC Section – 305

Cognizable offence
punishable with death, imprisonment for life, or
imprisonment for ten years and fine.

Abetment of suicide of child or person with mental illness

If any person under eighteen years of age, any person with mental illness, 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.

Key Points on BNS-107

This section addresses the abetment of suicide for vulnerable individuals, specifically targeting those under eighteen, persons with mental illness, delirious individuals, and those in a state of intoxication.

Key Points:

  1. Targeted Individuals:
    The section specifically addresses the abetment of suicide for the following groups:
    • Individuals under eighteen years of age (children).
    • Persons with mental illness.
    • Delirious individuals.
    • Individuals in a state of intoxication.
  2. Definition of Abetment:
    Abetment refers to encouraging, assisting, or inciting another person to commit suicide. The law holds the abettor accountable for the act.
  3. Punishments:
    The penalties for abetment of suicide under this section can be severe:
    • Death penalty or life imprisonment.
    • Imprisonment for a term not exceeding ten years.
    • Additional fines may also be imposed.
  4. Legal Implications:
    This provision aims to protect vulnerable individuals and ensure accountability for those who may exploit their mental or emotional state to lead them to suicide.
  5. Importance of Mental Health Consideration:
    The inclusion of persons with mental illnesses and intoxicated individuals highlights the legal recognition of mental health issues and the need for protective measures for these groups.

Offense: Abetment of suicide of a child or person of unsound mind, etc.
Punishment: Death, or imprisonment for life, or imprisonment for 10 years and a fine.
Cognizable or Non-cognizable: Cognizable
Bailable or Non-bailable: Non-bailable
By what Court triable: Court of Session