Section 108 of BNS : Abetment of Suicide – 308 IPC (Old)
Section 108 BNS: Abetment of Suicide under Bharatiya Nyaya Sanhita, 2023 Explained
Section 108 BNS deals with abetment of suicide and prescribes punishment for persons encouraging or facilitating another person's suicide.
This provision replaces earlier Section 306 IPC and continues criminal liability for instigating, aiding, or provoking suicidal acts.
The legislature aims to deter psychological harassment, coercion, and sustained conduct leading individuals toward irreversible suicidal decisions.
Courts interpret Section 108 BNS strictly, ensuring punishment only when legal ingredients of abetment are conclusively established.
Meaning and Scope of 108 BNS
Section 108 of the Bharatiya Nyaya Sanhita criminalizes acts of abetment resulting in death by suicide.
Any person who instigates, aids, or intentionally facilitates suicide faces imprisonment up to ten years with fine.
The provision applies irrespective of relationship, status, or proximity between accused and deceased individual.
Mere harassment without suicidal consequence does not automatically attract 108 BNS provisions.
Essential Ingredients of Abetment of Suicide under 108 BNS
The prosecution must establish that the deceased committed offence through voluntary and conscious action.
Medical evidence, postmortem reports, and surrounding circumstances generally establish death by suicide conclusively.
The accused must have instigated, aided, or abetted the suicide through direct or indirect acts.
Courts require proof of proximate link between accused conduct and suicidal act of deceased.
Direct involvement by the accused remains mandatory for sustaining conviction under Section 108 BNS.
Instigation and Mens Rea under 108 BNS
Instigation involves provoking, urging, or encouraging a person to commit taking own life intentionally.
Mens rea forms the backbone of abetment, requiring deliberate intention to push deceased toward suicide.
Casual remarks, emotional outbursts, or ordinary disputes usually fail to constitute legal instigation.
Sustained harassment or calculated conduct may satisfy instigation requirement under Section 108 BNS.
Judicial Interpretation: Ramesh Kumar v State of Chhattisgarh
The Supreme Court clarified instigation may arise from continuous conduct creating unbearable circumstances for deceased.
Where accused leaves no alternative except suicide, courts may infer instigation from surrounding facts.
Each case requires careful scrutiny of facts, conduct, intention, and psychological impact on deceased.
Courts avoid mechanical convictions and demand cogent evidence proving intentional abetment beyond doubt.
Nature of Offence under 108 BNS
Abetment of suicide under 108 BNS constitutes a cognizable offence.
Police may register FIR and arrest accused without warrant upon disclosure of cognizable offence.
Section 108 BNS is classified as a non-bailable offence under criminal law.
The seriousness reflects legislative intent to address increasing incidents of psychological exploitation.
Court Competent to Try Offence under 108 BNS
The Court of Session exclusively tries offences punishable under 108 of BNS.
Sessions Courts examine evidence, intent, and causal connection between conduct and suicide.
Special care ensures innocent individuals do not suffer prosecution based on emotional allegations.
Punishment for Abetment of Suicide under 108 BNS
The maximum punishment prescribed under 108 BNS extends to ten years imprisonment.
Courts may impose rigorous or simple imprisonment depending upon gravity and circumstances.
Fine may also be imposed in addition to imprisonment under this provision.
Sentencing depends upon severity of harassment, duration of conduct, and vulnerability of deceased.
Grounds for Conviction under 108 BNS
Continuous irritation, harassment, or deliberate silence may amount to abetment if intention exists.
Words, deeds, or omissions pushing deceased toward suicide satisfy legal requirement of abetment.
Intention to provoke or encourage suicide must coexist with accused conduct.
Presence of mens rea remains indispensable for conviction under 108 BNS.
Bail Provision for Abetment of Suicide under 108 BNS
Although 108 BNS is non-bailable, courts may grant bail based on facts.
An accused may seek anticipatory bail when false implication appears prima facie.
Courts insist upon fair and impartial police investigation before drawing final conclusions.
Liberty of accused balances against gravity of allegations under constitutional principles.
An accused may file anticipatory bail application through criminal law expert in Jaipur to get bail.
Frequently Asked Questions
What does Section 108 of Bharatiya Nyaya Sanhita, 2023 provide?
108 BNS punishes persons who intentionally abet or instigate another individual to commit offence of taking own life.
What acts constitute abetment of suicide ?
Instigation, intentional aid, or sustained conduct pushing a person toward suicide constitutes abetment.
Is death by suicide mandatory to invoke 108 BNS?
Yes, actual death by suicide remains mandatory for invoking Section 108 BNS provisions.
What is the maximum punishment under Section 108 BNS?
The maximum punishment under 108 BNS is imprisonment up to ten years with fine.
Is Section 108 BNS a cognizable offence?
Yes, abetment of suicide under Section 108 BNS is a cognizable offence.
Is abetment of suicide under 108 BNS bailable?
No, abetment of suicide under Section 108 BNS is a non-bailable offence.
Which court tries offences under 108 BNS?
The Court of Session tries offences punishable under 108 of BNS.
Is intention necessary for abetment of suicide?
Yes, intention or mens rea remains essential for proving abetment under Section 108 BNS.
Can mere harassment attract Section 108 BNS?
Mere harassment without intention or causal link usually does not attract Section 108 BNS.
Can anticipatory bail be granted in 108 BNS cases?
Courts may grant anticipatory bail depending upon facts, evidence, and fairness of investigation.
Is fine mandatory under 108 BNS?
Courts may impose fine in addition to imprisonment but fine is discretionary.
Does relationship between accused and deceased matter?
Relationship alone does not matter; conduct and intention determine liability under Section 108 BNS.
Can suicide note alone prove abetment?
Suicide note requires corroboration and careful scrutiny before fixing criminal liability.
Is mens rea presumed under 108 BNS?
Mens rea is never presumed and must be proved beyond reasonable doubt.
Can 108 BNS be misused?
Courts remain cautious to prevent misuse and protect innocent persons from false implication.