Bharatiya Nyaya Sanhita, 2023

BNS Section 107

Abetment of suicide of child or person of unsound mind

In one line

BNS Section 107 deals with abetment of suicide of child or person of unsound mind and replaces IPC 305.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
107Abetment of suicide of child or person of unsound mind, etc.Death, or imprisonment for life, or imprisonment for 10 years and fine.Cognizable.Non-bailable.Court of Session.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 107

107. Abetment of suicide of child or person of unsound mind.

If any child, any person of unsound mind, any delirious person 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.

What changed from the IPC

  • IPC 305 → BNS 107: Formal changes but essence is same- 'insane person' is replaced by 'person of unsound mind'.

Frequently asked

What was BNS Section 107 in the IPC?

BNS Section 107 (Abetment of suicide of child or person of unsound mind) replaces Section 305 of the Indian Penal Code, 1860. IPC 305 is now BNS 107.

What is the punishment under BNS 107?

Abetment of suicide of child or person of unsound mind, etc – punishable with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.

Is BNS 107 bailable?

Non-bailable: BNS 107. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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