Criminal Law

Section 108 of BNS

Section 108 of BNS says if any person dies by 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.

Ingredients of Abetment of Suicide

 The ingredients of abetment of suicide (Section 108 of BNS) are as follows:

The prosecution has to prove—

(i) the deceased died by suicide;

(ii) the accused instigated or abetted the commission of suicide;

(iii) direct involvement by the accused in such abetment or instigation is

necessary.

BNS 108 | Abetment of Suicide

In Ramesh Kumar v State of Chhattisgarh, the Supreme Court held that where the accused by his acts or by a continued course of conduct creates such circumstances that the deceased was left with no other option but to kill oneself by suicide, an "instigation" may be inferred.

108 BNS Bailable or Non-Bailable

Abetment of Suicide is cognizable and non-bailable offence and tried by Court of Session.

Punishment for Abetment of Suicide

The maximum punishment for Abetment of Suicide is Imprisonment for 10 years and fine.

Grounds for conviction under Section 108 BNS

In other words, in order to prove that the accused abetted commission of suicide by a person, it has to be established that

(a) the accused kept on irritating or annoying the deceased by words, deeds or wilful omission or conduct which may even be a wilful silence until the deceased reacted or pushed or forced the deceased by his deeds, words or wilful omission or conduct to make the deceased move forward more quickly in a forward direction, and

(b) that the accused had the intention to provoke, urge or encourage the deceased to kill oneself or dies by suicide while acting in the manner noted above. Undoubtedly, presence of mens rea is the necessary concomitant of instigation.

Bail Provision for Abetment of Suicide

Section 108 of BNS is non-bailable offence, however, an accused can file application for anticipatory bail. A fair Police Investigation is required to reach conclusion.

Frequently Asked Questions 

1. What does Section 108 of the Bharatiya Nyaya Sanhita, 2023, cover?

Section 108 of BNS covers the crime of abetment of suicide, where a person encourages or helps another person for suicide.

2.What is necessary for invoking Section 108 BNS ?

A person who abets, assists, or encourages another person for suicide can be punished under Section 108 of BNS.

3.What is the maximum imprisonment for abetment of suicide under Section 108 of BNS?

The maximum imprisonment for abetment of suicide is up to 10 years.

4.Is the offense of abetment of suicide a cognizable offense?

Yes, the offense is cognizable, meaning the police can arrest without a warrant.

5.Is the offense of abetment of suicide bailable?

No, the offense is non-bailable.

6. Is there only file for abetment of suicide?

No, there is punishment of imprisonment, however, the court can impose a fine also on the person convicted of abetting suicide.

7. Under which court is a trial for abetment of suicide conducted?

The trial for abetment of suicide is conducted in the Court of Session.

8. What happens if someone abets the suicide of a person with no intent to cause harm?

If the abetment leads to the suicide of the person, Police can register a case against the abettor regardless of intent.

9. What is the difference between abetment of suicide and murder under the Bharatiya Nyaya Sanhita?

Abetment of suicide involves encouraging or assisting a person to take their own life, while murder involves the direct killing of a person.

10. Is abetment of suicide punishable even if the person abetted does not successfully died by suicide?

Yes, even if anyone could not died by suicide, the act of abetment is still punishable.