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.
Simplified Explanation
Section 107 of the Bharatiya Nyaya Sanhita (Indian Penal Code) addresses the offense of abetment of suicide, particularly when the person committing suicide is a child, person of unsound mind, delirious person, or someone who is intoxicated. This section makes it clear that anyone who encourages or assists such individuals in committing suicide is liable for severe punishment.
Text of Section 107
The section states:
“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.”
Explanation
- Abetment of Suicide: Abetment refers to the act of encouraging, assisting, or inciting someone to commit suicide. It does not necessarily mean directly forcing the person to take their own life but can include acts of persuasion, encouragement, or facilitation of the suicide.
- Categories of Individuals: The section specifically focuses on individuals who may be more vulnerable or incapable of making rational decisions:
- Children: Those who are below the legal age of adulthood and might not have the mental capacity to understand the consequences of their actions.
- Persons of Unsound Mind: People suffering from mental illness or instability who may not be able to comprehend the gravity of committing suicide.
- Delirious Persons: People in a state of delirium, which can be caused by fever, mental disturbances, or other medical conditions.
- Intoxicated Persons: Individuals under the influence of alcohol or drugs, who may not be in a sound state of mind to make rational decisions.
- Punishment for Abetment: The law imposes severe punishment for anyone found guilty of abetting the suicide of any of these vulnerable individuals:
- Death Penalty: The maximum punishment can be death, though this is a rare outcome.
- Life Imprisonment: The court may also impose life imprisonment.
- Imprisonment for a Term Not Exceeding 10 Years: The individual may face imprisonment for up to 10 years, depending on the severity of the case.
- Liability to Fine: In addition to imprisonment, the individual may be required to pay a fine.
Key Points
- Focus on Vulnerable Individuals: The section particularly protects children, mentally unstable persons, and those under intoxication or in a delirious state. These people may lack the mental clarity or maturity to understand the consequences of suicide, and therefore, any encouragement or abetment to commit suicide is treated with utmost seriousness.
- Severe Punishments: The section acknowledges the gravity of abetting suicide, particularly when the victim is vulnerable. It prescribes severe punishments, ranging from life imprisonment to death, reflecting the seriousness with which the law treats the abetment of suicide in such cases.
- Punishing the Encourager or Facilitator: Anyone who aids, encourages, or facilitates the suicide of a vulnerable person falls under this provision, regardless of whether they directly caused the death. This broadens the scope of responsibility to include anyone who may have played a role in encouraging or assisting the person in taking their own life.
Example
- If a person of unsound mind is persuaded by another individual to commit suicide, such as through emotional manipulation or providing the means to do so, the individual encouraging the suicide could be charged under Section 107 and face penalties of life imprisonment, death, or up to 10 years in prison, along with a fine.
Conclusion
Section 107 is aimed at protecting vulnerable individuals, such as children, persons with mental illnesses, those in delirium, or intoxicated persons, from being manipulated or encouraged into committing suicide. The law treats the act of abetting suicide in such cases as a very serious offense, carrying severe penalties, including life imprisonment, death, and/or a fine. This provision ensures that anyone who takes advantage of a vulnerable person’s condition to facilitate or encourage suicide faces significant legal consequences.
