Section 107 BNS (Bharatiya Nyaya Sanhita): Abetment of suicide of child or person of unsound mind

The rationale behind Section 107 BNS is that children and persons of unsound mind are often unable to comprehend or resist external pressures fully, making them highly vulnerable to emotional manipulation, coercion, or sustained abuse and thereby abetting them to commit suicide. As such, any act that encourages or provokes them into taking their own lives is treated as a grave offence under Section 107 BNS. Explore other important Judiciary Notes.

Section 107 BNS: 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.

Note: “The information provided on Section 107 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

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Section 107 BNS makes it a serious criminal offence to help, encourage, or pressure a child who is under 18 years of age or a person of unsound mind into committing suicide. If someone instigates, supports, or aids such a vulnerable person in taking their own life, they can face life imprisonment or even the death penalty or an imprisonment that can extend upto 10 years, along with a fine.

Section 107 BNS is a manifestation of the idea that children and mentally ill individuals are more emotionally and mentally vulnerable. If someone takes advantage of that to drive them to suicide, the crime is considered extremely serious and punishable accordingly.

Section 107 BNS: Essential Elements

Section 107 BNS lays down the legal framework for the offence of abetment of suicide of child or person of unsound mind. As this section 107 of BNS deals with a vulnerable section of society, the punishment given under this section is grave. Below are the essential elements that constitute an offence under Section 107 Bharatiya Nyaya Sanhita 2023:

1. Abetment of Suicide

The core of the offence under Section 107 BNS, is abetment which means encouraging, instigating, aiding, or facilitating someone in committing suicide. Additionally, Abetment under section 107 of BNS, can be through words, actions, threats, or continued mental harassment.

2. Victim Must Be a Child or Person of Unsound Mind

Section 107 BNS, specifically applies only when the person who dies by suicide is either:

• A child (defined as anyone under 18 years of age), or
• A person of unsound mind (includes those with mental illness or cognitive disabilities).

Section 107 BNS makes vulnerability of children and people of unsound mind, a key factor for determination of abetment to suicide.

3. Knowledge or Intention of the Accused

The accused must have intentionally abetted the suicide. There must be a direct or indirect connection between the accused’s actions and the suicide. Mere presence of the acccused is not enough to be considered as abetment to suicide, there must be some provocation or instigation for the act to fall under section 107 of BNS.

4. Connection Between Abetment and Suicide

There must be clear connectivity between the abetment and the victim's act of suicide for proving an offence under Section 107 BNS. The burden of proof is on the prosecution to show that the accused's actions directly contributed to the suicide.

Section 107 BNS: Nature and Scope

Section 107 BNS, 2023, which primarily deals with the abetment of suicide of a child or a person of unsound mind, is classified as:

• Cognizable offence: Being cognizable means that the police can register an FIR, investigate the matter, and arrest the accused without prior approval from a magistrate.
• Non-bailable offence: The offence is non-bailable, indicating that bail is not a matter of right and can only be granted at the discretion of the court after considering the facts and gravity of the case.
• Non-compoundable offence: It is also non-compoundable, which means the parties involved cannot settle or withdraw the case privately; only the court has the authority to decide its outcome.
• Jurisdiction: Cases that fall under Section 107 BNS are exclusively triable by a Court of Session.

Section 107 BNS is essentially a modernized version of Section 305 IPC, retaining the core legal principles. The punishments and exceptions remain identical.

Section 107 BNS: Judicial Interpretation

Judicial interpretation of Section 107 BNS by Indian courts has been definitive factor in determining the ambit of section 107 of BNS, mentioned hereinafter are some of the landmark judgments:

1. Sangarabonia Sreenu v. State of Andhra Pradesh (1997)

A minor girl, living with the accused, committed suicide after alleged sexual abuse and psychological pressure. The Supreme Court held that continuous sexual exploitation and psychological trauma suffered by the girl constituted sufficient abetment under Section 107 BNS, highlighting that verbal provocation is not always the only form of abetment. 

2. Ranjit Singh v. Union Territory of J&K, 2021

The accused was charged under Section 305 IPC now Section 107 BNS, for allegedly abetting the suicide of a minor girl. The prosecution presented evidence of the accused's manipulative behavior and threats. The Jammu & Kashmir and Ladakh High court held that the accused's actions had a direct impact on the minor's decision to commit suicide. It emphasized that when dealing with minors under Section 107 of BNS, the threshold for establishing abetment is lower due to their vulnerability, and the accused's conduct met this threshold.

3. Naresh v. State of Madhya Pradesh, 2021

The accused was alleged to have abetted a minor girl to commit suicide by emotionally harrasing her. The Madhya Pradesh High Court examined the nature of the accused's interactions with the deceased victim and found that his actions exploited the minor's emotional vulnerability. The court concluded that such conduct fell within the ambit of abetment to suicide under Section 305 IPC now Section 107 BNS.

Conclusion

Section 107 BNS is a provision under the substantive criminal law that aims at protecting vulnerable individuals, particularly minors and those with unsound minds, from being driven to suicide. Section 107 of BNS reflects the state’s commitment to uphold the safety of those who are at risk of emotional, physical, or psychological exploitation. Section 107 BNS imposes the death penalty as the highest form of punishment for committing the offence of abetment of suicide of children and people of unsound mind.