Section 305 IPC: Abetment of suicide of child or insane person

Indian Penal Code, 1860

Section 305 IPC at a Glance

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

Punishment

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

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

BNS Equivalent

Section 107 →

Section 305 IPC Bare Act Text

305. Abetment of suicide of child or insane person
If any person under eighteen years of age, any insane person, any delirious person, any idiot, 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 305, Indian Penal Code, 1860

Section 305 IPC in Simple Words

Section 305 of the Indian Penal Code (IPC) punishes the abetment of suicide of a child or an insane person.

If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide is punished with death, or imprisonment for life, or imprisonment for a term not exceeding ten years, and is also liable to fine.

The offence is cognizable and non-bailable, and it is triable by the Court of Session.

Ingredients of Section 305 IPC

A person under eighteen years of age, an insane person, a delirious person, an idiot, or a person in a state of intoxication committed suicide
The accused abetted the commission of such suicide

Punishment Under Section 305 IPC

Imprisonment

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

Fine

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

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Abetting the suicide of a child, or an insane, delirious, idiotic, or intoxicated person is punishable with death, or imprisonment for life, or imprisonment 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 305 IPC

In 2015, in Shimla, sixteen-year-old Varun lost the money his uncle had entrusted to him for household expenses and became deeply distressed. Kishore, an older acquaintance, repeatedly instigated Varun to jump into a steep river gorge to avoid facing his family and accompanied him to the bridge parapet at night. Acting on Kishore's instigation, Varun leaped into the gorge and committed suicide. Because Kishore abetted the commission of suicide by a person under eighteen years of age, Kishore is punishable under Section 305 IPC.

When Section 305 IPC Does Not Apply

Section 305 IPC does not apply when the person who committed suicide was at least eighteen years old and was neither insane, delirious, an idiot, nor in a state of intoxication.
Section 305 IPC does not apply if the accused did not instigate, conspire in, or intentionally aid the commission of the suicide.
Section 305 IPC does not apply where the protected person survives the self-harm attempt and does not commit suicide.

Section 305 IPC in the BNS

Section 305 IPC is now covered under Section 107 BNS.

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 detailed comparison (IPC 305 vs BNS 107) →

FAQs on Section 305 IPC

What does Section 305 IPC provide?▼

It punishes abetting the commission of suicide by any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication.

What is the punishment under Section 305 IPC?▼

Death, or imprisonment for life, or imprisonment for a term not exceeding ten years, and liability to fine.

Who are the persons covered under Section 305 IPC?▼

Any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication.

Is an offence under Section 305 IPC cognizable and bailable?▼

It is cognizable and non-bailable under the First Schedule to the Code of Criminal Procedure.

Which court tries an offence under Section 305 IPC?▼

The Court of Session.

Can an offence under Section 305 IPC be compounded?▼

No. It is not listed in Section 320 CrPC.

How does Section 107 BNS describe the protected persons?▼

Section 107 BNS describes them as any child, any person of unsound mind, any delirious person or any person in a state of intoxication.

Where is Section 305 IPC in the Bharatiya Nyaya Sanhita?▼

In Section 107 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·