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.
IPC Section 305: Simplified Explanation
IPC Section 305 of the Indian Penal Code deals with the offence of abetment of suicide of a minor, an insane person, or an intoxicated individual. This section specifically addresses cases where someone aids, instigates, or encourages a minor (under 18 years), an insane person, or someone under the influence of intoxication to commit suicide.
Key elements of this section include:
- Abetment: The act involves instigating, aiding, or engaging in a conspiracy to induce the person to commit suicide.
- Vulnerability of the Victim: The person who commits suicide must be a minor, of unsound mind, or intoxicated, which makes them particularly vulnerable.
This law recognizes individuals’ heightened responsibility to protect vulnerable people who are less capable of making reasoned decisions about their own lives.
Is IPC Section 305 Bailable?
IPC Section 305 is a non-bailable offence. Given its potential impact on vulnerable individuals, the gravity of the crime necessitates that bail decisions be made by a court rather than being available as a right.
IPC Section 305 Punishment
The Punishment for abetment of suicide under IPC Section 305 is severe. It includes:
- Imprisonment for life or
- Imprisonment for a term that may extend to ten years,
- and also a fine.
The sentence reflects the seriousness of exploiting the vulnerability of minors, the insane, or intoxicated individuals.
Example of IPC Section 305
A notable example of IPC Section 305 involved a case where a man was charged with abetting the suicide of his young niece. The niece, a minor, was under significant emotional and psychological pressure from her uncle, who consistently harassed her. Following an extended period of this treatment, she took her own life. The investigation revealed that the uncle’s actions were a direct factor in her decision to commit suicide. The court found him guilty under Section 305, highlighting the legal responsibility to protect rather than harm those who are vulnerable.
