BNS Section 108: Abetment of Suicide
Section 108 of the Bharatiya Nyaya Sanhita, 2023 prescribes punishment where a person commits suicide and another person has abetted the commission of that suicide. The provision must be read with Section 45 BNS, which defines when a person is said to abet the doing of a thing.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 108 came into force on July 1, 2024.
Text of Section 108 of the Bharatiya Nyaya Sanhita, 2023
108. Abetment of suicide.
If any person commits 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.
The official text of the Bharatiya Nyaya Sanhita, 2023 can be checked through India Code. The Ministry of Home Affairs also provides the official new criminal laws page and the commencement notification.
Meaning of abetment under Section 45 BNS
Section 45 of the Bharatiya Nyaya Sanhita explains when a person abets the doing of a thing. A person abets a thing if the person:
- instigates another person to do that thing;
- engages with one or more persons in a conspiracy for doing that thing, where an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing; or
- intentionally aids, by an act or illegal omission, the doing of that thing.
Section 45 further explains that wilful misrepresentation or wilful concealment of a material fact which a person is bound to disclose may amount to instigation where it voluntarily causes or procures, or attempts to cause or procure, the act. Intentional facilitation before or at the time of the act may also amount to aiding.
Essential ingredients of Section 108 BNS
For Section 108 to be attracted, there must first be a suicide. The prosecution must also establish conduct by the accused which legally amounts to abetment under Section 45 BNS. Therefore, the statutory connection between the accused person's conduct and the commission of suicide is central to the offence.
The existence of personal disputes, harassment allegations, emotional distress or strained relations does not by itself dispense with the requirement of proving abetment. Whether the facts amount to instigation, conspiracy or intentional aid has to be determined from the evidence and applicable judicial principles.
Punishment under Section 108 BNS
Section 108 provides imprisonment of either description for a term which may extend to ten years. A person convicted under the section is also liable to fine.
| Offence | Abetment of suicide. |
|---|---|
| Punishment | Imprisonment of either description for a term which may extend to ten years, and fine. |
| Cognizable | Yes. |
| Bailable | No. The offence is non-bailable. |
| Triable by | Court of Session. |
The procedural classification is stated in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The official BNSS text is available through India Code.
Difference between Section 107 and Section 108 BNS
Section 107 BNS is a special provision applying where the person who commits suicide is a child, a person of unsound mind, a delirious person or a person in a state of intoxication. Section 108 is the general provision for abetment of suicide.
Section 107 carries a substantially more severe punishment: death, imprisonment for life, or imprisonment up to ten years, together with fine. Section 108 provides imprisonment up to ten years and fine.
Corresponding provision under the Indian Penal Code
Section 108 BNS broadly corresponds to Section 306 of the Indian Penal Code, 1860, which dealt with abetment of suicide. For an alleged offence, the applicable substantive provision depends on the date of occurrence and the governing repeal and savings provisions.
Frequently asked questions
What does Section 108 BNS deal with?
Section 108 deals with abetment of suicide. It applies where a person commits suicide and another person has abetted the commission of that suicide.
What is the maximum punishment under Section 108 BNS?
The imprisonment may extend to ten years. The convicted person is also liable to fine.
What does abetment mean for Section 108?
Section 45 BNS defines abetment. It includes instigation, specified conspiracy accompanied by an act or illegal omission, and intentional aid by an act or illegal omission.
Is an offence under Section 108 BNS bailable?
No. Under the BNSS First Schedule, it is a cognizable and non-bailable offence triable by the Court of Session.
This page is intended as a general legal reference. Application of Section 108 depends on the facts, evidence, date of the alleged offence and binding judicial decisions.