108 BNS

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Introduction of Section 108 BNS

BNS Section 108 focuses on the criminal implications for individuals who contribute to another person’s decision to commit suicide. This section addresses cases where a person actively encourages, assists, or persuades someone to end their own life. The law is designed to hold accountable those who play a role in instigating or facilitating a suicide, reflecting the serious nature of such actions.

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The Bharatiya Nyaya Sanhita (BNS) Section 108 replaces the old Indian Penal Code (IPC) Section 306.

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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.

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BNS Section 108 in Simple Points

1. Definition of Abetment: This section deals with abetment, meaning when someone intentionally assists or encourages another person to commit suicide.
2. Punishment: The person who abets a suicide can be sentenced to imprisonment for up to ten years.
3. Additional Penalty: Besides imprisonment, the person found guilty will also be required to pay a fine.
4. Non-Bailable: This offense is classified as non-bailable, meaning that the accused cannot get bail easily and must stay in custody until the trial.
5. Cognizable Offense: The crime is considered cognizable, allowing the police to arrest the accused without a warrant and begin an investigation immediately.

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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

1. 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.
2. 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.
3. 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.
4. 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.
5. Cognizable Offense: The crime is cognizable, which allows the police to arrest the accused without a warrant and begin investigating the case immediately.
6. 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.
7. Non-Compoundable: The offense is non-compoundable, meaning it cannot be settled through a private agreement between the victim’s family and the accused.
8. 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.
9. Protective Measure: It serves as a protective measure to prevent suicide by penalizing those who contribute to someone’s decision to commit suicide.
10. 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

1. 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.
2. 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.

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BNS 108 Punishment

Imprisonment: Up to 10 years for abetting suicide.

Fine: Offenders will also be required to pay a fine.

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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.

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Bharatiya Nyaya Sanhita Section 108

Section	Offense	Punishment	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Trial By
108	Abetment of suicide	Imprisonment up to 10 years and fine	Cognizable	Non-Bailable	Non-Compoundable	Court of Session

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BNS Section 108 FAQs

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