Introduction of Section 107 BNS
Suicide is always a tragic event, but when a vulnerable individual such as a child, a mentally unsound person, or someone intoxicated is pushed into it, the crime becomes even more serious. Section 107 of the Bharatiya Nyaya Sanhita (BNS) makes it a grave offence to abet the suicide of such individuals. This law prescribes extremely harsh punishments, including the possibility of the death penalty, to deter anyone from exploiting or coercing vulnerable people into ending their lives
The Bharatiya Nyaya Sanhita (BNS) Section 107 replaces the old Indian Penal Code (IPC) Section 305.
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.
BNS Act 107 – Abetment of suicide of child or person with mental illness .
Whoever abets the commission of suicide by a child, or by a person of unsound mind, or by a delirious person, or by a person in a state of intoxication, shall be punished with death, or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
This section makes it a serious crime to encourage, assist, or instigate vulnerable individuals to commit suicide. The law recognizes that children, mentally unsound persons, delirious individuals, and intoxicated persons are more easily influenced and may not fully understand the consequences of their actions.
Therefore, if anyone abets (i.e., provokes, encourages, or helps) such a person to commit suicide, they face extremely harsh punishment — death penalty, life imprisonment, or imprisonment up to 10 years, along with a fine.
- Abetment of Suicide
- The act must involve abetting — encouraging, provoking, or assisting a vulnerable individual in committing suicide.
- Example: Giving a child poison and telling them to consume it.
- Protected Victims
- Applies to children, mentally unsound persons, delirious persons, and intoxicated individuals.
- Example: Persuading a mentally ill person to jump from a building.
- Severity of Punishment
- Maximum penalty: Death sentence.
- Alternatives: Life imprisonment or up to 10 years imprisonment + fine.
- Example: If someone exploits a drunk person’s state and drives them into suicide, they can face life imprisonment or even the death penalty.
- Fine in Addition
- The offender is also liable to pay a fine, along with imprisonment.
- Example: A person convicted of abetting a child’s suicide will face both imprisonment and a monetary penalty.
- Legal Classification
- Cognizable → Police can arrest without a warrant.
- Non-Bailable → Bail is not easily granted; only the court can decide.
- Non-Compoundable → The case cannot be settled privately.
- Triable by Court of Session → Due to the seriousness of the crime.
Examples to Understand BNS Act
Example 1 (Child Suicide – Offense):
Ravi convinces a 15-year-old boy to consume poison after bullying him. The boy dies. Ravi is guilty under Section 107 and may face life imprisonment or even death penalty.
Example 2 (Mentally Unsound Person – Offense):
Imran takes advantage of a mentally ill person and encourages them to hang themselves. Imran is punishable under Section 107 with up to life imprisonment + fine.
Example 3 (Intoxicated Person – Offense):
During a drinking session, Suresh dares his drunk friend to jump into a river. The friend dies.
Suresh is guilty under Section 107 and may face 10 years imprisonment or more.
Example 4 (Not Applicable):
A person commits suicide on their own, without abetment or encouragement from anyone.
Section 107 does not apply, as no abetment was involved.
Why this BNS Act is Important
- Protects Vulnerable People → Safeguards children, mentally ill, and intoxicated individuals from being exploited.
- Deters Exploitation → Harsh punishments discourage people from manipulating vulnerable persons into suicide.
- Recognizes Mental State → Law acknowledges that certain individuals are more likely to be influenced.
- Strengthens Justice → Prevents offenders from escaping accountability by claiming the victim acted on their own.
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
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.
Section 107 BNS bailable or non bailable ?
Non-bailable: Offenders cannot be granted bail and must remain in custody during legal proceedings.
Comparison: BNS Section 107 vs IPC Section 305 .
| Section | Offense | Punishment | Cognizable? | Bailable? | Compoundable? | By What Court Triable |
|---|---|---|---|---|---|---|
| IPC Section 305 (Old) |
Abetment of suicide of child or insane person. If a person abets the suicide of a minor (under 18) or an insane/mentally ill person. |
Death penalty or Life imprisonment or imprisonment up to 10 years + fine. |
Cognizable | Non-bailable | Non-Compoundable | Court of Session |
| BNS Section 107 |
Abetment of suicide of a child or person of unsound mind. Same principle as IPC 305, carried forward under BNS 2023 with modernization of terms. |
Death penalty or Life imprisonment or imprisonment up to 10 years + fine. |
Cognizable | Non-bailable | Non-Compoundable | Court of Session |
BNS Section 107 FAQs
What is abetment of suicide under BNS Section 107?
It refers to encouraging or helping someone, such as a child or mentally ill person, to commit suicide.
Who does BNS Section 107 apply to?
It applies to children, people with unsound minds, those in a state of delirium, or intoxicated individuals who commit suicide.
What are the punishments under BNS Section 107?
The punishments include death, life imprisonment, or imprisonment for up to ten years, along with a fine.
Is BNS Section 107 a cognizable offence?
Yes, it is a cognizable offence, which means the police can arrest the accused without a warrant.
Where are cases under BNS Section 107 tried?
Cases are tried in the Court of Session due to the serious nature of the offence.
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Conclusion
BNS Section 107 is one of the strictest provisions in Indian criminal law, designed to protect the most vulnerable sections of society from being exploited or coerced into suicide. By prescribing punishments as severe as the death penalty, it sends a strong message that abetment of suicide of children, mentally unsound persons, or intoxicated individuals will not be tolerated. This law ensures accountability and safeguards those who may otherwise be easily influenced into taking such irreversible steps .
Finished with BNS 107 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 108 BNS : Abetment of suicide
- https://marriagesolution.in/bns_section/108-bns/
- 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/
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list