BACK TO SECTIONS(2009) 16 SCC 605(2010) 12 SCC 190
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 306 to BNS 108.
2
Enhanced provision for abetment of suicide of child or person of unsound mind.
3
Instigation standard preserved — not every harassing conduct meets the bar.
THE STATUTE
The Clause
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.
Legal Commentary
Section 108 is one of the most emotionally charged provisions in Indian criminal law — abetment of suicide. It applies where someone directly instigates, conspires with, or aids another person in ending their life. The foundational challenge in every Section 108 case is establishing the causal and intentional link between the accused's conduct and the victim's decision to die — courts must distinguish between someone whose behaviour contributed to another's suicide, and the much higher bar of someone who abetted the suicide. The Supreme Court has consistently held that not every act of cruelty, harassment, or unkindness that precedes a suicide constitutes abetment. There must be instigation — a positive act that stirs, encourages, or provokes the deceased to take the fatal step. Harassment that creates a situation of despair, without a direct push toward suicide, may attract other provisions (like Section 85 — cruelty) but not Section 108. The provision is heavily litigated in: workplace harassment cases (student suicides, employee suicides following severe bullying), domestic violence (wife suicides following in-law cruelty), and romantic relationship cases (a partner who persistently threatens or manipulates a vulnerable person into suicide). Section 108A (a new BNS addition) creates a specific and serious offence for abetment of suicide of a child or person of unsound mind by a public servant, carrying life imprisonment.
Landmark Precedents
Chitresh Kumar Chopra v. State (Government of NCT of Delhi) (2009)
RELEVANCE
Supreme Court held that 'instigation' for Section 306 requires a positive act — the accused must have instigated, provoked, or incited the deceased to commit suicide. Mere harassment, unless it directly provoked the suicide, is insufficient.
S.S. Chheena v. Vijay Kumar Mahajan (2010)
RELEVANCE
Clarified that a suicide note alone, naming a person, is not sufficient evidence of abetment — there must be independent evidence of instigation by the accused.
Case Simulations
"A factory supervisor who repeatedly humiliates a worker, tells him he is worthless and should not exist, following which the worker dies by suicide — abetment of suicide under BNS 108."
"A college senior who subjects a junior to extreme ragging including physical abuse, ultimately causing the junior to take their life — abetment of suicide."
"An ex-partner who, after a breakup, continuously messages and calls saying 'everyone would be better off without you' — abetment of suicide if the victim dies by suicide."
Expert Insights
Being named in a suicide note triggers investigation but does not automatically establish abetment. Courts have repeatedly held that a suicide note alone is insufficient — prosecution must prove you instigated or aided the suicide through specific acts.
Yes. Murder requires the accused to cause the death. Abetment of suicide requires the accused to have instigated or aided the victim's own decision to die. The victim's free act of taking their own life is the intervening factor — the abettor is punished for the influence they exercised over that decision.