BNS Section 107: Abetment of Suicide of Child or Person of Unsound Mind
Section 107 of the Bharatiya Nyaya Sanhita, 2023 deals with abetment of suicide where the person who commits suicide is a child, a person of unsound mind, a delirious person or a person in a state of intoxication. The provision prescribes severe punishment because it concerns persons whom the law treats as especially vulnerable.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 107 came into force on July 1, 2024.
Text of Section 107 of the Bharatiya Nyaya Sanhita, 2023
107. Abetment of suicide of child or person of unsound mind.
If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, 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.
The official text of the Bharatiya Nyaya Sanhita, 2023 may be verified on India Code. The Central Government notification bringing the BNS into force from July 1, 2024 is available from the Ministry of Home Affairs.
What does Section 107 mean?
Section 107 applies when a person belonging to one of the categories specifically named in the section commits suicide and another person has abetted that suicide. The protected categories are:
- a child;
- a person of unsound mind;
- a delirious person; or
- a person in a state of intoxication.
For this provision, the meaning of child is supplied by Section 2(3) of the BNS. A child means any person below the age of eighteen years.
Meaning of abetment under BNS Section 45
The expression abets in Section 107 must be read with Section 45 of the Bharatiya Nyaya Sanhita, 2023. In substance, a person abets the doing of a thing where the person:
- instigates another person to do that thing;
- engages in a conspiracy for doing that thing and an act or illegal omission occurs in pursuance of the conspiracy; or
- intentionally aids the doing of that thing by an act or illegal omission.
Section 45 further explains that wilful misrepresentation or wilful concealment of a material fact may amount to instigation where it voluntarily causes or procures the act, and that intentional facilitation before or at the time of the act may amount to aiding.
Essential ingredients of an offence under Section 107
For Section 107 to apply, the prosecution must establish the facts necessary to bring the case within the statutory provision. Broadly, this includes the suicide of a person falling within one of the categories identified in Section 107 and conduct by the accused amounting to abetment within the meaning of the BNS.
Mere reference to distress, disagreement or an unfortunate relationship does not by itself replace the legal requirement of proving abetment. Whether particular conduct amounts to instigation, conspiracy or intentional aid depends on the facts and the applicable judicial principles.
Punishment, bail status and trial court
| Punishment | Death, or imprisonment for life, or imprisonment for a term not exceeding ten years, and fine. |
|---|---|
| Cognizable | Yes. |
| Bailable | No. The offence is non-bailable. |
| Triable by | Court of Session. |
The procedural classification above is contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Section 107 and Section 108 BNS
Section 108 BNS is the general provision dealing with abetment of suicide. Section 107 is the specific provision where the person who commits suicide is a child, a person of unsound mind, a delirious person or a person in a state of intoxication. Section 107 carries the possibility of death or imprisonment for life in addition to imprisonment up to ten years and fine.
Corresponding provision under the Indian Penal Code
Section 107 BNS broadly corresponds to Section 305 of the Indian Penal Code, 1860. For offences committed after the commencement of the BNS, the applicable provision must be determined with reference to the date of the alleged offence and the repeal and savings provisions of the new criminal law framework.
Frequently asked questions
What does BNS Section 107 deal with?
It deals with abetment of suicide where the person committing suicide is a child, a person of unsound mind, a delirious person or a person in a state of intoxication.
What is the punishment under Section 107 BNS?
The punishment may be death, imprisonment for life, or imprisonment for a term not exceeding ten years, and the offender is also liable to fine.
Who is a child under the BNS?
Under Section 2(3) of the Bharatiya Nyaya Sanhita, 2023, a child means a person below eighteen years of age.
Is Section 107 BNS bailable?
No. Under the First Schedule to the BNSS, the offence is cognizable and non-bailable and is triable by the Court of Session.
This page is a general legal reference. The application of Section 107 depends on the facts, evidence, date of the alleged offence and binding judicial decisions.