Important Facts For Prelims
Offence of ‘Abetment of Suicide’
- 16 Oct 2024
- 5 min read
Why in News?
Recently, the Supreme Court has interpreted the crime of ‘abetment of suicide,’ detailing the criteria for determining guilt in such cases.
What is Abetment of Suicide?
- About: Abetment of suicide is an offence under Section 306 of the Indian Penal Code (IPC) (Section 108 of the Bharatiya Nyaya Sanhita (BNS)).
- The punishment for this crime is up to 10 years of imprisonment and a fine.
- Section 45 of the Bharatiya Nyaya Sanhita (BNS) defines abetment as when a person either instigates someone to commit an act, conspires with others to do something (leading to an illegal act or omission), or intentionally aids in its execution.
- SC’s Interpretation:
- The offence requires “direct and alarming encouragement or incitement” that leaves no option but fatal step.
- The court laid down following guidelines to determine whether a situation involved unbearable harassment or emotional exploitation that drove the deceased to suicide.
- The accused created unbearable harassment or torture, leading the victim to view suicide as the only escape.
- The accused exploited the victim's emotional vulnerability, making them feel worthless or undeserving of life.
- The accused threatened harm to the victim's family or caused financial ruin.
- The accused made false allegations that damaged the victim's reputation, leading to public humiliation and loss of dignity.
- Related Cases:
- M Mohan v The State, 2011: The SC ruled that proving abetment of suicide under Section 306 IPC requires a direct act with intent, leaving the victim no option but suicide.
- Ude Singh v State of Haryana, 2019: The SC held that proving abetment of suicide depends on case specifics, requiring direct or indirect incitement that leaves the victim no choice but suicide.
- Government Initiatives for Suicide Prevention:
What is the Statistics Related to Suicide in India?
- The data compiled by the NCRB is based on police-recorded first information reports (FIRs).
- Surge in Student Suicides: Student suicides in India have surged by 4% annually, outpacing the overall suicide rate increase of 2%, despite a likely "under reporting" of student suicide cases.
- Gender Disparity: In 2022, male students constituted 53% of total student suicides. While male suicides decreased by 6% from 2021, female student suicides saw a 7% rise.
- Decade Trend: Over the past decade, despite a slight decrease in the 0-24 age group population, student suicides rose significantly from 6,654 to 13,044.
- State-Wise Distribution: Maharashtra, Tamil Nadu, and Madhya Pradesh reported the highest numbers of student suicides, collectively accounting for one-third of the national total.
- Legal Norms Related to Suicide:
- Section 115 of Mental Healthcare Act, 2017 (MHCA) states that attempted suicide is to be considered the result of severe stress, and the individual is not to be prosecuted.
- BNS removes the Section of attempt to commit suicide from the statute books, it doesn’t entirely decriminalize the offence of attempting to die by suicide.
- Section 224 of the BNS states that attempting to commit suicide with the intent to compel any public servant to discharge their official duties shall be punishable by imprisonment for up to one year, a fine, or both.
