Section 107 BNS

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Introduction of Section 107 BNS

BNS Section 107 addresses the legal consequences for abetting the suicide of certain vulnerable individuals, such as children, persons of unsound mind, delirious individuals, or those in a state of intoxication. This section establishes the severity of the punishment for anyone who encourages or assists these individuals in committing suicide. It aims to prevent and penalize actions that could lead to the tragic loss of life among these vulnerable groups.

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The Bharatiya Nyaya Sanhita (BNS) Section 107 replaces the old Indian Penal Code (IPC) Section 305.

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What is BNS Section 107 ?

BNS Section 107 addresses the issue of abetment of suicide when the victim is a child, someone with mental illness, a delirious person, or someone under the influence of intoxicants. It establishes the legal consequences for those who encourage or help these vulnerable individuals in committing suicide.

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BNS Section 107 in Simple Points

1. Target Groups: This section applies to suicides committed by children, persons of unsound mind, delirious individuals, or those intoxicated.
2. Offense Description: The crime involves abetting, or encouraging, the suicide of these vulnerable individuals.
3. Possible Punishments: The punishment can be death, life imprisonment, or a term of up to ten years in prison.
4. Additional Penalty: A fine may also be imposed along with imprisonment.
5. Legal Classification: The offense is considered cognizable, non-bailable, and non-compoundable, meaning it can be reported to the police, bail cannot be granted, and it cannot be settled out of court.

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Section 107 BNS Overview

BNS Section 107 makes it a crime to assist or encourage a person to commit suicide if that person is a child, mentally unsound, delirious, or intoxicated. The law provides for severe penalties for anyone found guilty of such abetment.

Key Points Explained

1. Abetment of Suicide
   • Explanation: This section criminalizes the act of encouraging or aiding someone to commit suicide. The law recognizes that vulnerable individuals may be coerced into taking their own lives, and those who support this act are held accountable.
   • Example: If a person convinces a child to end their life by providing them with means or encouragement, this act is punishable under Section 107.
2. Applicable Victims
   • Explanation: The law specifically covers children, individuals with unsound minds, people who are delirious, and those who are intoxicated. These groups are considered more susceptible to external influences and, therefore, receive special protection under this law.
   • Example: A person who exploits a mentally ill individual’s condition by persuading them to commit suicide can be prosecuted under this section.
3. Severity of Punishment
   • Explanation: The punishments under this section are severe to reflect the gravity of the crime. The penalties can include death, life imprisonment, or imprisonment for up to ten years, depending on the case’s specifics.
   • Example: If an individual is found guilty of abetting the suicide of an intoxicated person, they could face a maximum of ten years in prison or life imprisonment, along with a fine.
4. Liability to Fine
   • Explanation: In addition to imprisonment, the convicted person is also liable to pay a fine. This financial penalty is intended to provide further deterrence against such criminal behavior.
   • Example: A person convicted of encouraging a child to commit suicide will not only face imprisonment but also have to pay a fine as determined by the court.
5. Cognizable Offence
   • Explanation: This crime is classified as cognizable, meaning that the police can arrest the accused without a warrant and begin an investigation immediately. This classification helps ensure that such serious crimes are addressed promptly.
   • Example: If someone is suspected of abetting a suicide, the police can arrest them on the spot and investigate without needing prior authorization from a court.
6. Non-Bailable Offence
   • Explanation: The offence is non-bailable, which means that the accused cannot easily obtain bail. The decision to grant bail is made by the court based on the case’s circumstances.
   • Example: An accused person in a case of abetting suicide will have to wait for a court’s decision on bail, which is not automatically granted.
7. Non-Compoundable
   • Explanation: This offence cannot be settled through private agreements or out-of-court settlements. It must be resolved through formal legal proceedings.
   • Example: Even if the parties involved reach a personal agreement, the matter cannot be resolved outside of court; it must go through the judicial system.
8. Triable by Court of Session
   • Explanation: The case will be tried in a Court of Session, which handles more serious crimes. This ensures that the case receives the appropriate level of legal scrutiny.
   • Example: A serious case of abetting suicide will be heard by a Court of Session, not a lower court, due to the gravity of the offence.
9. Protection for Vulnerable Individuals
   • Explanation: The section aims to protect vulnerable individuals, such as children and those with mental health issues, from being coerced into suicide. The severe penalties are designed to deter such harmful influences.
   • Example: If a person takes advantage of a child’s naivety to push them towards suicide, the law provides strong measures to punish and prevent such exploitation.
10. Legal Framework for Prevention
    • Explanation: By imposing strict penalties, Section 107 serves as a deterrent to prevent individuals from taking advantage of vulnerable people. It reflects the seriousness with which the legal system treats such cases.
    • Example: The stringent punishments for abetment of suicide under Section 2107 are meant to discourage anyone from even considering assisting someone in ending their life, especially if they belong to vulnerable groups.

Examples

1. Example 1:
   • Situation: A person, aware of a child’s struggles, convinces them to commit suicide by providing them with harmful substances and encouraging them to use them.
   • Legal Outcome: The person who abets the child’s suicide could be charged under Section 107 and face severe penalties, including imprisonment or even the death penalty.
2. Example 2:
   • Situation: An individual takes advantage of a mentally unsound person’s condition, persuading them to end their life by exploiting their vulnerable state.
   • Legal Outcome: This person could be prosecuted under Section 107, potentially facing life imprisonment or a lengthy prison term, along with a fine.

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BNS 107 Punishment

Imprisonment: Conviction can lead to life imprisonment or imprisonment for up to ten years.

Fine: In addition to imprisonment, a fine may be imposed.

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Section 107 BNS bailable or non bailable ?

Non-bailable: Offenders cannot be granted bail and must remain in custody during legal proceedings.

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Bharatiya Nyaya Sanhita Section 107

Section	Description	Cognizable/Non-Cognizable	Bailable/Non-Bailable	Compoundable/Non-Compoundable	Punishment	Triable By
2107	Abetment of suicide by child or person of unsound mind	Cognizable	Non-Bailable	Non-Compoundable	Death, life imprisonment, or up to 10 years imprisonment and fine	Court of Session

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BNS Section 107 FAQs

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