Section 107 BNS: Abetment of suicide of child or person of unsound mind

Bharatiya Nyaya Sanhita, 2023

Section 107 BNS at a Glance

Section 107 BNS deals with abetment of suicide of child or person of unsound mind. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 305 IPC on 1 July 2024.

Punishment

Death, or imprisonment for life, or imprisonment for a term not exceeding ten years.

Non-Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Court of Session โ“˜
IPC Equivalent

Section 305 โ†’

Section 107 BNS Bare Act Text

107. Abetment of suicide of child or insane person

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.

Source: Section 107, Bharatiya Nyaya Sanhita, 2023

Section 107 BNS in Simple Words

Section 107 BNS of the Bharatiya Nyaya Sanhita (BNS) 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. In simple terms, if someone intentionally pushes, encourages, aids, or otherwise induces such a person to take their own life, the law treats that conduct very seriously. The focus is on the accused person's role in causing the suicide, not merely on the fact that a death occurred.

This provision matters because the law recognises that children, persons of unsound mind, and delirious or intoxicated persons are especially vulnerable and may not have the same capacity to resist pressure, threats, or manipulation. In practice, investigators and courts look for a clear link between the accused's acts and the suicide. Mere presence, harsh words without intent, or a distant connection is not enough.

Ingredients of Section 107 BNS

  • A child, a person of unsound mind, a delirious person or a person in a state of intoxication committed suicide
  • Abetment by the accused of the commission of that suicide

Punishment Under Section 107 BNS

Imprisonment

Death, or imprisonment for life, or imprisonment for a term not exceeding ten years.

Fine

The offender is also liable to fine in addition to death or imprisonment.

Non-Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Court of Session โ“˜

Abetting the suicide of a child, a person of unsound mind, a delirious person, or a person in a state of intoxication is punishable with death, or imprisonment for life, or imprisonment for a term not exceeding ten years, and the offender is also liable to fine. It is cognizable and non-bailable, triable by the Court of Session.

Example of Section 107 BNS

Dev, an adult, procures pesticide and hands it to Mohan, a boy of fifteen years, urging him to drink it to end his troubles after failing an examination. Mohan drinks the pesticide and commits suicide. Dev abetted the commission of suicide by a child. Dev is punishable under Section 107 BNS.

When Section 107 BNS Does Not Apply

  • The person who committed suicide was not a child, a person of unsound mind, a delirious person, or a person in a state of intoxication
  • The accused did not abet the commission of the suicide
  • The person did not commit suicide

Section 107 BNS in the IPC (Previous Law)

Section 107 BNS replaces Section 305 IPC from the old criminal code.

Section 305 IPC is now Section 107 BNS. The heading is updated to Abetment of suicide of child or person of unsound mind. In the statutory text, any person under eighteen years of age becomes any child, and any insane person, any idiot is replaced by any person of unsound mind, while delirious persons and persons in a state of intoxication are retained. The punishment of death, imprisonment for life, or imprisonment up to ten years, and liability to fine remains unchanged.

View IPC Section 305 โ†’

FAQs on Section 107 BNS

What does Section 107 BNS punish?โ–ผ

It punishes a person who abets the suicide of a child, a person of unsound mind, a delirious person, or a person in a state of intoxication. The law treats this as a very serious offence because the victim is considered highly vulnerable.

Is actual suicide necessary for Section 107 BNS to apply?โ–ผ

Yes, the offence relates to abetment of suicide, so the death by suicide must occur. The prosecution must also show that the accused intentionally helped, encouraged, or provoked it.

Is Section 107 BNS in force?โ–ผ

Yes. Section 107 BNS is in force under the Bharatiya Nyaya Sanhita, 2023, and applies to new cases involving the abetment of suicide of a child, a person of unsound mind, a delirious person, or an intoxicated person.

Under Section 107 BNS, what if the accused only threatened or insulted the victim?โ–ผ

That alone is not enough in every case. The court will still look for proof that the accused intentionally abetted the suicide and that the conduct had a real causal connection with the act.

Have questions about Section 107 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 ยท Last updated: 16 Oct 2026 ยท