Section 305 and 306 of the Indian Penal Code make abetment punishable in law. A person encouraging and abetting another person to commit suicide is certainly criminal and his act is punishable under Section 306 of the Indian Penal Code. ( See.. Punishments under the Indian Penal Code,1860 )
1) What is suicide:
Suicide is self-murder and the person who commits suicide is beyond the reach of the law. (See also... Right to die and Article 21 of Indian constitution)
2) What is abetment?
Abet means to instigate or encourage the commission of a crime. The definition of 'abetment' is given in Section 107 of the Indian Penal Code 1860 there must be instigation or engaging in conspiracy or assistance in the commission of an offence. (Read...difference between Criminal Conspiracy and Abetment )
3) Abetment to commit Suicide of Child or Insane Person :
Section 305 of the Indian Penal Code says that, 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.
Example :
If 'A' persuades 'B' (who is under 18 years of age or insane or idiot or in a state of intoxication ) to kill himself by taking poison and he takes it, here A would be liable as an abettor under this Section
This Section is applicable only when the person abetted commit suicide as a result of instigation.
4) Abetment to commit Suicide :
According to Section 306 of Indian Penal Code, 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.
Example :
If A persuades B to kill himself by taking poison and he takes it, here A would be liable as an abettor under this Section.
Essential Ingredients
To invoke Section 306 of the Indian Penal Code following ingredients are to be satisfied.
(1) A person has committed Suicide.
(2) Another Person has abetted suicide as per the definition of abetment in Section 107 of the Indian Penal Code, 1860. and ;
(3) The Instigation must be intentional.
The offence under Section 306 of the Indian Penal Code is cognizable, non-bailable, non-compoundable and triable by Court of Session.
See also
1) Dowry Death (Section 304-B, Indian Penal Code, 1860)
2) Extortion : Offences against property (Indian Penal Code 1860)
3) Causing Death by Negligence (Indian Penal Code 1860)
4) Classification of Presumptions under the Indian Evidence Act 1872
5) Under the Indian Penal Code what offences are punishable with death Sentence ?
1) What is suicide:
Suicide is self-murder and the person who commits suicide is beyond the reach of the law. (See also... Right to die and Article 21 of Indian constitution)
2) What is abetment?
Abet means to instigate or encourage the commission of a crime. The definition of 'abetment' is given in Section 107 of the Indian Penal Code 1860 there must be instigation or engaging in conspiracy or assistance in the commission of an offence. (Read...difference between Criminal Conspiracy and Abetment )
3) Abetment to commit Suicide of Child or Insane Person :
Section 305 of the Indian Penal Code says that, 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.
Example :
If 'A' persuades 'B' (who is under 18 years of age or insane or idiot or in a state of intoxication ) to kill himself by taking poison and he takes it, here A would be liable as an abettor under this Section
This Section is applicable only when the person abetted commit suicide as a result of instigation.
4) Abetment to commit Suicide :
According to Section 306 of Indian Penal Code, 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.
Example :
If A persuades B to kill himself by taking poison and he takes it, here A would be liable as an abettor under this Section.
Essential Ingredients
To invoke Section 306 of the Indian Penal Code following ingredients are to be satisfied.
(1) A person has committed Suicide.
(2) Another Person has abetted suicide as per the definition of abetment in Section 107 of the Indian Penal Code, 1860. and ;
(3) The Instigation must be intentional.
The offence under Section 306 of the Indian Penal Code is cognizable, non-bailable, non-compoundable and triable by Court of Session.
See also
1) Dowry Death (Section 304-B, Indian Penal Code, 1860)
2) Extortion : Offences against property (Indian Penal Code 1860)
3) Causing Death by Negligence (Indian Penal Code 1860)
4) Classification of Presumptions under the Indian Evidence Act 1872
5) Under the Indian Penal Code what offences are punishable with death Sentence ?
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