Bharatiya Nyaya Sanhita, 2023 — Section 107

Abetment of Suicide of Child or Person of Unsound Mind

Section 107 punishes abetting the suicide of a child, a person of unsound mind, a delirious person, or a person in a state of intoxication, with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and fine.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 107 to old IPC Section 305, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
107	305	Substantively changed

Comparing the two texts word for word, three differences were found. First, old IPC Section 305's "any person under eighteen years of age" is replaced with "any child." Second, "any insane person" is replaced with "any person of unsound mind." Third, and most significantly, old IPC Section 305 also separately listed "any idiot" among the categories of victim covered — this category does not appear anywhere in the BNS Section 107 text, and has been dropped rather than merely reworded.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: punishment of death, or imprisonment for life, or imprisonment for ten years, and fine; the offence is cognizable and non-bailable, and triable by the Court of Session. It is not listed as compoundable.

Statutory Text (Verbatim)

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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Abetting the suicide of a vulnerable person

Explanation (Lexovia's Commentary)

Section 107 imposes an enhanced punishment for abetting the suicide of a person from one of four specifically listed categories: a child, a person of unsound mind, a delirious person, or a person in a state of intoxication. Where the person who commits suicide falls within one of these categories, the abettor faces punishment up to death or imprisonment for life — a markedly higher potential punishment than the general abetment-of-suicide offence addressed separately in Section 108.

Illustration (Lexovia's Own Example)

A abets the commission of suicide by Z, a child. Z commits suicide as a result. A is liable under Section 107, punishable with death or imprisonment for life, or imprisonment up to ten years, and fine.

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Related / Cross-Referenced Sections

FAQs

Why is the punishment under Section 107 higher than for ordinary abetment of suicide?

Section 107 applies specifically 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 — and the section prescribes a higher potential punishment for these cases than the general offence in Section 108.

Does old IPC Section 305's reference to "any idiot" still apply under Section 107?

No. The BNS text does not include that category at all — it lists only a child, a person of unsound mind, a delirious person, or a person in a state of intoxication.

Is this offence bailable?

No. Per the BNSS First Schedule, it is non-bailable, cognizable, and triable by the Court of Session.