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Section 107: Abetment of Suicide of Child or Person of Unsound Mind

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Court of Session
Non-Bailable
Cognizable
Formerly Sec 305 IPC
Section 106 All 358 Sections of Bharatiya Nyaya Sanhita Section 108

Legal Commentary & Landmark Judgments: Section 107

Section 107 penalizes abetment of suicide of a child or person of unsound mind, providing that if any person under eighteen years of age, any person of unsound mind, or any intoxicated person commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for life, or imprisonment up to ten years, and fine.

  • Vulnerable Victim Scope: Applies where the suicide victim is: (1) A child under eighteen years, (2) A person of unsound mind, (3) An idiotic person, or (4) A person in an intoxicated state.
  • Active Abetment Required: Requires clear instigation, conspiracy, or intentional aid under Section 45-46 BNS.
  • Severe Capital Penal Ceiling: Punishable with death, imprisonment for life, or up to ten years imprisonment, reflecting extreme state protection for vulnerable lives.
Key Landmark Precedents:
  • M. Mohan v. State (2011) 3 SCC 626: The Supreme Court held that abetment of suicide under Section 305/306 IPC (Section 107/108 BNS) requires an active act or direct instigation that pushes the victim to commit suicide; mere domestic bickering does not constitute abetment.
  • Amritbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel (2017) 4 SCC 177: Affirmed that the prosecution must prove continuous harassment creating circumstances where the vulnerable victim had no alternative.
Courtroom Practice & Strategic Litigation Guidance:

In cyberbullying or adolescent suicide abetment cases, defense counsel must examine suicide notes and mobile communications: prove that the accused did not intentionally induce the child to commit suicide and that the tragic demise stemmed from independent psychological pressures.

Section 106 All 358 Sections of Bharatiya Nyaya Sanhita Section 108