Section 108 BNS: Abetment of suicide
Bharatiya Nyaya Sanhita, 2023
Section 108 BNS at a Glance
Section 108 BNS deals with abetment of suicide. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 306 IPC on 1 July 2024.
Imprisonment of either description for up to ten years.
Section 108 BNS Bare Act Text
108. Abetment of suicide
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.
Source: Section 108, Bharatiya Nyaya Sanhita, 2023
Section 108 BNS in Simple Words
Section 108 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with abetment of suicide. It applies when a person is said to have intentionally helped, encouraged, or pushed another person to end their life. The law does not punish the suicide itself. It punishes the conduct of the person who is alleged to have instigated or aided it.
To attract this section, there must be a clear link between the accused’s conduct and the suicide. Mere quarrels, ordinary workplace pressure, or a general allegation of harassment is not enough in every case. Courts look for proof of instigation, conspiracy, or intentional aid. This section is practically important because it is often invoked in family disputes, marital cruelty cases, dowry-related deaths, workplace harassment matters, and cases involving persistent abuse or threats.
The facts must show more than sadness or conflict. They must show a real and proximate role by the accused in pushing the victim towards suicide.
Ingredients of Section 108 BNS
- The commission of suicide by any person
- Abetment by the accused of the commission of that suicide
Punishment Under Section 108 BNS
Imprisonment of either description for up to ten years.
The offender is also liable to fine in addition to imprisonment.
Abetting the commission of suicide carries imprisonment of either description for up to 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 108 BNS
When Section 108 BNS Does Not Apply
- The person did not commit suicide
- The accused did not abet the commission of the suicide
Section 108 BNS in the IPC (Previous Law)
Section 108 BNS replaces Section 306 IPC from the old criminal code.
Section 306 IPC is now Section 108 BNS, with the same title, the same words and the same punishment.
View IPC Section 306 →FAQs on Section 108 BNS
Is simple harassment enough for Section 108 BNS?▼
Not always. The prosecution must show that the accused's conduct went beyond ordinary harassment and actually abetted the suicide. Courts usually look for a direct or proximate link between the conduct and the death.
Under Section 108 BNS, can a suicide note be enough to file a case?▼
A suicide note can be important evidence, but it is not the only thing that matters. Police and courts will still examine the surrounding facts, the nature of the allegations, and whether the accused's conduct amounts to legal abetment.
Is the offence under Section 108 BNS bailable?▼
No. It is generally treated as a non-bailable offence. The accused may still apply for bail, but the court will consider the facts, gravity, and evidence before deciding.
Under Section 108 BNS, what is the difference between abetment and causing suicide indirectly?▼
Abetment requires proof of instigation, conspiracy, or intentional aid. A person is not punished just because their behaviour was unpleasant or caused distress. The law looks for a stronger and more direct role in pushing the victim towards suicide.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·