Punishment for Abetment to Suicide Under IPC, By Kartikeya Hundet, At LexCliq

Background

The right to life of every person is the fundamental right guaranteed under Article 21[1], but such a constitutional right does not give the person the right to end his life under the ‘right to die’ by himself or through an act of abetment from others. Indian laws had a specific provision ensuring the life of human being will remain healthy and protecting the life from any act or omission to destroy it on the instigation of others.

This article focuses on critically analyses the existing laws on the abetment of suicide and the judicial precedent issued by the Supreme Court of India in different cases. Let’s understood the various essential point and classification of this offence under Indian Kanoon.

The offence under section 306 of IPC has two concepts in it, first is abetment which is defined under section 107 of IPC, and the last is suicide which an offence committed by a person against himself only. Therefore, to understand this concept better first, take a look at the meaning of abetment then at the definition of abetment to suicide.

Introduction

According to Black’s Law Dictionary, the term abetment means “to encourage and assist someone, especially in the commission of a crime, or to support a crime by active assistance”. This encouragement or instigation or support play an important role in the commencement of the offence. The essential requirement of abetment was given under section 107 which must be fulfilled to hold any person guilty of abettor for the crime.

furthermore, the definition of the word suicide is not given in the Indian Penal code, 1860. However, in the literal sense, this word can be understood easily, as ‘sui’ means self and ‘cide’ means killing, thus it means an act of self-killing. A person who commits suicide however dies. It is very difficult to answer the cause of suicidal cases because it involved a person mental disorder such as depression, alcoholism or drug abuse as well as stress factors such as financial trouble or personal relationship also play a role.   

Under section 306 of IPC penalize whoever abet or instigate the person to commit suicide. The bare reading of this section 306 states that 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.”

Essential elements for abetment of suicide in IPC

The essential requirement to charge any person for the offence under section 306 are as below:

  •       A person committed Suicide
  •       On the instigation or abetment[1] by another person to commit suicide
  •       Such an act of instigation must be done intentionally by another person (abettor)

Punishment for abetment to suicide

The offence under Section 306 of IPC shall hold the person liable for the maximum imprisonment of 10 years or description of a term along with a fine as per the discretion of the court depending upon the facts and circumstances case.

 

[1] Section 107 define abetment of the Indian Penal Code, 1860

[2] Article 21 of the Constitution of India state that no person shall be deprived of his life or personal liberty except according to procedure established by law.

 

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