Abetment of suicide

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

⇄

This provision is now BNS Section 108 (Abetment of suicide) under the Bharatiya Nyaya Sanhita, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

This section punishes anyone who abets — that is, instigates, engages in a conspiracy with, or intentionally aids — another person's suicide. Courts examine whether the accused's words or conduct left the deceased with no reasonable option but to end their life, often looking for a clear proximate act or statement shortly before death, not merely a strained relationship.

In recent years, this section has been applied beyond the traditional dowry-harassment context to cases involving workplace bullying, cyberbullying, and public humiliation on social media, provided the prosecution can establish that the accused's conduct directly drove the deceased to suicide. A suicide note or witness testimony describing specific instigating acts is usually central to these cases.

Where the deceased is a minor, the closely related but distinct Section 305 (abetment of suicide by a child or person of unsound mind) applies instead, carrying its own punishment.

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 IPC Section 306 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.

What exactly counts as "abetment" under this section?

Abetment requires more than general unkindness — courts look for active instigation, a direct act that facilitated the suicide, or a conspiracy to cause it. A pattern of harassment alone is usually charged under other sections unless linked to a specific act shortly before death.

Can this section apply to online harassment or cyberbullying?

Yes, courts have increasingly applied Section 306 where sustained online harassment or public humiliation can be shown to have directly driven someone to suicide, provided the same standard of clear instigation is met.

How is this different from Section 305?

Section 305 specifically covers abetment of suicide by a child, or a person of unsound mind or intoxicated, and carries a different (often higher) punishment structure reflecting the victim’s vulnerability.

Facing a case under this section?

Get a free case assessment from a verified criminal lawyer.

Talk to a Criminal Lawyer

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.