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.
Simplified Explanation
Section 108 of the Bharatiya Nyaya Sanhita (Indian Penal Code) deals with abetment of suicide, which refers to the act of encouraging or assisting someone to take their own life. This section applies when a person commits suicide and someone else has contributed to, encouraged, or facilitated the act.
Text of Section 108
The section states:
“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.”
Explanation
- Abetment of Suicide: Abetment refers to actions that encourage, assist, or incite someone to commit suicide. This can include a variety of actions, such as persuading someone to end their life, providing them with the means to do so, or instigating them emotionally or psychologically to take that step.
- Punishment: If someone is found guilty of abetting a suicide, they can be punished with imprisonment for a term of up to 10 years and may also be liable to a fine. The term “imprisonment of either description” means that the person can be sentenced to either rigorous imprisonment (e.g., hard labor) or simple imprisonment (without hard labor), depending on the court’s discretion.
Key Points
- General Abetment: Section 108 applies to all instances of suicide, not just those involving vulnerable individuals, like children or persons of unsound mind (which are covered under Section 107). This section is broader and covers any person who commits suicide and anyone who abets their action.
- Imprisonment and Fine: The punishment for abetting suicide under this section can involve a term of imprisonment up to 10 years, with the possibility of a fine. The law treats the act of abetting suicide seriously, but the punishment is less severe compared to crimes like murder or culpable homicide.
- The Role of the Abettor: Abetment does not require the abettor to directly cause the death. If their actions led to the victim committing suicide, they can still be held accountable. This includes emotional manipulation, psychological pressure, or providing the means or opportunity to commit suicide.
Example
- A person may be experiencing emotional distress and express thoughts of suicide. If someone else encourages them, for example, by telling them that their family would be better off without them or providing them with a method to end their life, the person who encouraged the suicide could be charged under Section 108 for abetment of suicide and face a sentence of up to 10 years of imprisonment and a fine.
Conclusion
Section 108 of the IPC is focused on penalizing individuals who abet the act of suicide by encouraging, assisting, or facilitating the act. The law imposes significant punishment for this crime, including up to 10 years of imprisonment and the possibility of a fine, to deter such actions and hold individuals accountable for playing a role in the tragic loss of life due to suicide.
