● Modified in BNS
Abetting the suicide of a child, or a person of unsound mind, delirious or intoxicated, carries death, life imprisonment, or up to 10 years' imprisonment plus fine under BNS Section 107, unchanged from IPC 305, with outdated terminology ("insane," "idiot") replaced by the modern term "person of unsound mind."
Section 305 IPC punished abetting the suicide of a person under 18, an insane person, a delirious person, an idiot, or a person in a state of intoxication, with death, imprisonment for life, or imprisonment up to 10 years, and fine.
BNS Section 107 reproduces the punishment and protected categories unchanged, but modernises the terminology: "any person under eighteen years of age" becomes "any child," and "any insane person" and "any idiot" are merged into the single current legal term "any person of unsound mind."
No change to punishment or the substantive scope of protected victims. The only change is terminological -- outdated and stigmatising terms are replaced with modern legal language, while the same vulnerable categories remain protected.
Death, or imprisonment for life, or imprisonment up to 10 years, and fine..
IPC 305 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 305 are tried before the Court of Session..
Common defences include absence of any act of instigation, conspiracy or intentional aid toward the suicide, and that the deceased did not in fact fall within any of the specially protected categories.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons