Introduction of Section 108 BNS
108 BNS deals with the offence of abetment of suicide. It criminalizes any act of encouraging, provoking, or assisting another person to take their own life. The law recognizes that such influence is dangerous and can push vulnerable individuals into ending their lives. By prescribing imprisonment of up to ten years along with a fine, Section 108 ensures that people who play a role in facilitating or instigating suicide are held accountable. This provision also works as a deterrent to prevent exploitation, harassment, or undue pressure that could lead to suicide.
The Bharatiya Nyaya Sanhita (BNS) Section 108 replaces the old Indian Penal Code (IPC) Section 306.
- Introduction of Section 108 BNS
- What is BNS Section 108 ?
- BNS Act 108
- Why This Bare Act is Important
- Section 108 BNS Overview
- BNS 108 Punishment
- BNS 108 bailable or not ?
- Bharatiya Nyaya Sanhita Section 108
- Comparison Table IPC Section 306 and BNS Section 108
- BNS Section 108 FAQs
- Need Legal Support?
- Conclusion
What is BNS Section 108 ?
Section 108 of the Bharatiya Nyaya Sanhita (BNS) addresses the crime of abetting suicide. If someone helps or encourages another person to commit suicide, they can be punished under this section. The law aims to penalize those who contribute to someone’s decision to end their life.
BNS Act 108
Whoever abets the commission of 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.
This law makes it a serious offence to abet (encourage, provoke, or assist) another person in committing suicide. It recognizes that words, actions, or help given to a vulnerable individual can push them into ending their life.
Unlike direct murder, abetment of suicide punishes those who may not physically kill but indirectly cause death by manipulation, harassment, or providing means for suicide.
1. Abetment of Suicide
The core offence is abetment. This means:
- Provoking someone to commit suicide.
- Encouraging or convincing them that suicide is the solution.
- Providing tools, methods, or support for suicide (e.g., poison, rope).
Example: A repeatedly tells his depressed friend, “You are useless, you should just die,” and provides him with poison. If the friend consumes it, A is guilty of abetment.
2. Victim’s Act of Suicide
There must be a suicide or an attempt. The abettor is punished because their influence contributed to the act.
Example: B harasses his wife daily to such an extent that she hangs herself. B can be punished under Section 108.
3. Intention and Knowledge
The accused must have had the intention to encourage suicide or known that their actions were likely to drive the victim towards it.
Casual words without intent may not always count, but consistent harassment, threats, or deliberate provocation do.
Example: A boss humiliates his employee daily, calling him “better off dead.” The employee commits suicide. The boss’s actions may amount to abetment.
4. Punishment
- Imprisonment: Up to 10 years.
- Fine: The guilty person will also have to pay a fine.
- Both: Court may impose both imprisonment and fine, depending on case severity.
Example: If a husband forces his wife to commit suicide due to dowry harassment, he may face 10 years of imprisonment and a fine.
5. Legal Nature of the Offense
- Cognizable: Police can arrest without a warrant.
- Non-Bailable: Bail is not easily granted; the accused must approach the court.
- Non-Compoundable: The case cannot be privately settled; it must go through trial.
- Triable by: Court of Session, since it’s a grave offence.
Examples to Understand the BNS Act
- Example 1 (Clear Offense): Ramesh constantly pressures his financially troubled friend Ravi to commit suicide and even provides him poison. Ravi consumes it and dies. Ramesh is guilty under Section 108.
- Example 2 (Harassment): Neha is mentally tortured by her in-laws for dowry. Unable to bear the harassment, she commits suicide. Her in-laws can be charged under Section 108 for abetment.
- Example 3 (Not Applicable): A person commits suicide due to personal stress without any external pressure or encouragement. Here, no one is guilty under Section 108 because no abetment occurred.
Why This BNS Act is Important
- Protects Vulnerable Individuals: Ensures people are not pushed into suicide due to harassment, pressure, or manipulation.
- Deters Exploitation: Punishes those who take advantage of someone’s mental state.
- Ensures Accountability: Holds instigators responsible even if they did not physically kill the victim.
- Strengthens Justice: Sends a message that instigating or encouraging suicide is as serious as direct violence.
Section 108 BNS Overview
BNS Section 108 deals with the legal consequences for those who help or encourage someone to commit suicide. It is designed to punish individuals who actively contribute to another person’s decision to end their life, reflecting the seriousness of such acts.
BNS Section 108 in Simple Points
- Definition of Abetment: This section specifically addresses abetment of suicide. Abetment means encouraging or assisting someone to commit suicide. If a person actively supports or influences someone to take their own life, they can be punished under this section.
- Punishment for Abetment: If convicted, the person who abets a suicide can face imprisonment for a period that may extend up to ten years. This reflects the severity of the offense.
- Additional Fine: Along with imprisonment, the convicted person will also be required to pay a fine. This fine is intended to add an additional penalty for the crime.
- Non-Bailable Offense: This crime is classified as non-bailable. This means that the accused cannot easily get bail and must remain in custody while the case is being tried.
- Cognizable Offense: The crime is cognizable, which allows the police to arrest the accused without a warrant and begin investigating the case immediately.
- Court of Session: The cases under Section 108 are triable by a Court of Session, which deals with serious crimes and has the authority to impose severe penalties.
- Non-Compoundable: The offense is non-compoundable, meaning it cannot be settled through a private agreement between the victim’s family and the accused.
- Legal Intent: The section aims to hold individuals accountable who intentionally help or encourage another person to end their life, underscoring the serious legal consequences for such actions.
- Protective Measure: It serves as a protective measure to prevent suicide by penalizing those who contribute to someone’s decision to commit suicide.
- Preventive Aspect: By imposing harsh penalties, the law aims to deter potential abettors from encouraging or assisting in suicide, thereby preventing such tragic outcomes.
Examples of BNS Section 108
- Example 1: Imagine a person, Ramesh, who repeatedly pressures his friend, Ravi, to end his life due to financial problems. Ramesh provides Ravi with the means to commit suicide and encourages him persistently. Ravi, overwhelmed by Ramesh’s influence, eventually commits suicide. Ramesh can be charged under Section 108 for abetting Ravi’s suicide.
- Example 2: Priya, a senior at college, convinces her younger sibling, Neeta, that life is no longer worth living due to personal issues. Priya continuously supports and encourages Neeta to end her life, and eventually, Neeta follows through. Priya’s actions could lead to her being prosecuted under Section 108 for abetting Neeta’s suicide.
BNS 108 Punishment
Imprisonment: Up to 10 years for abetting suicide.
Fine: Offenders will also be required to pay a fine.
BNS 108 bailable or not ?
Non-Bailable: This section is non-bailable, meaning the accused cannot easily obtain bail and must remain in custody while awaiting trial.
Comparison Table IPC Section 306 and BNS Section 108
| Aspect | IPC Section 107 (Old) | BNS Section 306 (New) |
|---|---|---|
| Provision Type | General section defining **abetment of any offence** (instigation, conspiracy, or aiding). | Specific section punishing **abetment of suicide** only. |
| Scope | Covers abetment of all offences under IPC (not limited to suicide). | Narrow scope → applies only when abetment leads to suicide. |
| Punishment | No specific punishment under IPC 107; punishment depends on the offence abetted. | Imprisonment up to **10 years + fine** for abetment of suicide. |
| Example | Instigating someone to commit theft, murder, or suicide → IPC 107 defines the act as abetment. | If a person directly encourages another to take their own life, BNS 306 applies. |
| Cognizable/Non-Cognizable | Depends on the offence abetted (could be cognizable or non-cognizable). | Cognizable offence. |
| Bailable? | Depends on offence abetted. | Non-bailable. |
| Compoundable? | Depends on the offence abetted. | Non-compoundable. |
| Court | Same as the offence abetted (could be Magistrate or Sessions Court). | Court of Session. |
BNS Section 108 FAQs
What does BNS Section 108 cover?
BNS Section 108 deals with the punishment for those who abet or encourage someone to commit suicide.
What is the punishment under Section 108?
The punishment includes imprisonment for up to ten years and a fine.
What type of court handles cases under Section 108?
Cases are tried in the Court of Session, which deals with serious crimes.
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Conclusion
BNS Section 108 is a crucial safeguard in criminal law. It ensures that no person who instigates or encourages another to take their life goes unpunished. By prescribing harsh penalties, the law protects vulnerable individuals from emotional, mental, or physical exploitation that could push them into suicide. While carrying forward the spirit of IPC Section 306, the new BNS provision simplifies the language and strengthens accountability. In essence, Section 108 acts as a strong deterrent and upholds the principle that every human life deserves protection from undue influence or harassment.
Finished with BNS 108 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 109 BNS : Attempt to murder .
- https://marriagesolution.in/bns_section/109-bns/
- 110 BNS : Attempt to commit culpable homicide
- https://marriagesolution.in/bns_section/110-bns/
- Section 111 BNS : Organised crime
- https://marriagesolution.in/bns_section/section-111-bns/
- 112 BNS : Petty organised crime or organised in general .
- https://marriagesolution.in/bns_section/112-bns/
- BNS 113 : Terrorist act.
- https://marriagesolution.in/bns_section/bns-113/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list