Abetment of suicide

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This provision is now IPC Section 306 (Abetment of suicide) under the Indian Penal Code, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

Section 108 of the Bharatiya Nyaya Sanhita replaces IPC Section 306, punishing anyone who abets the commission of suicide by another person. As with its predecessor, the offence requires the prosecution to establish that the accused's specific acts or conduct pushed the deceased toward suicide, not merely that a difficult relationship or general unhappiness existed.

The core legal test — instigation, conspiracy, or intentional aid toward the suicide — carries over unchanged from the earlier IPC provision, along with the substantial body of case law interpreting what conduct is sufficient to establish abetment. This continuity means precedents built up over decades under Section 306 remain relevant and persuasive when courts interpret this new section.

As with all BNS provisions, this section applies only to abetment occurring on or after 1 July 2024; earlier cases continue under the IPC.

Punishment Imprisonment up to 10 years, and fine

Triable By Court of Session

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is BNS Section 108 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment up to 10 years, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Is the definition of abetment different under the BNS?

No — the legal test for abetment (instigation, conspiracy, or intentional aid) carries over unchanged from IPC Section 306, and existing case law interpreting that test remains relevant to this section.

Does this section apply retroactively to older cases?

No — it only applies to suicides abetted on or after 1 July 2024. Cases involving conduct before that date continue to be prosecuted under IPC Section 306.

Where can I find the equivalent old IPC section for a pending case?

This page links directly to the corresponding IPC Section 306 entry, which remains the applicable provision for any case registered before the BNS came into force.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.