Bharatiya Nyaya Sanhita, 2023 · Chapter VI: Of Offences Affecting the Human Body · Of offences affecting life
Section 108: Abetment of suicide
In plain words
Abetting someone's suicide, if they then commit suicide, is punishable with up to ten years in prison and a fine.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 108 carries forward section 306 of the IPC: abetment of suicide. Since suicide is the victim's own act, everything depends on whether the accused abetted it, as defined in section 45: by instigating, conspiring or intentionally aiding.
Ingredients
- A person committed suicide.
- The accused abetted it within the meaning of section 45.
- The accused intended to instigate or aid the suicide.
Instigation
To instigate is to goad, urge forward, provoke, incite or encourage. A continued course of conduct that leaves the victim with no option but suicide can be instigation. A word in anger, without intending the consequence, is not.
Proximity
Courts look for a positive act close in time to the suicide. Old quarrels or a casual remark are not enough. A suicide note naming someone is important but not conclusive.
Married women
Where a married woman commits suicide within seven years of marriage after cruelty, the court may presume abetment. The presumption, formerly section 113A of the Evidence Act, is permissive, not mandatory.
Key Supreme Court rulings
Ramesh Kumar v. State of Chhattisgarh 2001 INSC 515
Decided under section 306 of the IPC. Instigation means to goad, urge forward, provoke, incite or encourage; a word in a fit of anger without intending the consequence is not instigation; cruelty does not automatically prove abetment.
Laxmi Das v. The State of West Bengal 2025 INSC 86
"A casual remark that is likely to cause harassment in ordinary course of things will not come within the purview of instigation." A positive act in proximity to the suicide is needed.
Common mistakes
- Treating any quarrel before a suicide as abetment.
- Treating the presumption for married women as automatic.
Read with: Section 45 BNS, Section 80 BNS, Section 306 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 108
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Abhinav Mohan Delkar v. The State of Maharashtra & Ors.
Whether every allegation or accusation levelled, a reprimand or rebuke made, an insinuation or insult voiced or even continuous acts of ill-treatment, harassment and defamation; as alleged in this case, would lead to a…