BNS Section 108 (306 IPC): abetment of suicide
The number section 306 has now, what abetment means in law, the presumption for a married woman, and support for families.
Section 306 of the Indian Penal Code is now section 108 of the Bharatiya Nyaya Sanhita, renumbered without change, for offences on or after 1 July 2024. It punishes whoever abets another person’s suicide — by instigation, conspiracy or intentional aid, as section 45 defines abetment — with up to ten years and fine. It is cognizable, non-bailable, not compoundable and tried by a Court of Session. If you are struggling, Tele-MANAS, the Government’s free mental-health helpline, is open 24 hours on 14416.
Punishes whoever abets another person’s suicide, by instigation, conspiracy or intentional aid as section 45 defines abetment.
- Now
- BNS 108 — Abetment of suicide
- Was
- IPC 306
- Punishment
- Imprisonment up to 10 years, and fine
- Arrest without warrant
- Cognizable
- Bail
- Non-bailable
- Compounding
- Not compoundable
- Tried by
- Court of Session
Read this first: If you or someone close to you is struggling, you do not have to face it alone. Tele-MANAS, the Government’s free mental-health helpline, is open 24 hours on 14416.
The same offence, in the same words, under a new number. Nothing about what is punishable changed.
| IPC 306 | becomes BNS 108 | renumbered |
|---|
Key takeaways
- Section 108 is IPC section 306 renumbered, with the same words and the same punishment of up to ten years and fine.
- Abetment means instigating a person, engaging in a conspiracy under which an act or illegal omission takes place, or intentionally aiding (BNS s. 45).
- Where the person who died was a child, of unsound mind, delirious or intoxicated, the separate section 107 applies, with a heavier punishment.
- Where a woman died by suicide within seven years of marriage after cruelty by her husband or his relative, a court may presume abetment, having regard to all the other circumstances (BSA s. 117).
- Support is available now: Tele-MANAS, on 14416, is the Government’s free, round-the-clock mental-health helpline.
What BNS 108 covers
The section is made out when each of the elements below is present. They are set out in the order the Act states them.
- A person has died by suicide
Section 108 applies only where a suicide has taken place. Where the person was a child, of unsound mind, delirious or intoxicated, the graver section 107 is the provision written for that situation.
and - The accused abetted it, in one of the ways section 45 defines
By instigating the person; by engaging in a conspiracy under which an act or illegal omission took place; or by intentionally aiding, through an act or illegal omission.
Section 108 punishes; section 45 defines abetment. The elements are read from the two together. Whether particular conduct meets the definition is decided by a court on the evidence.
- Was the person a child, a person of unsound mind, a delirious person, or a person in a state of intoxication?
If yesSection 107 — death, imprisonment for life or up to 10 years, and fine
If noSection 108 — up to 10 years, and fine
- Was she a woman married for less than seven years, whose husband or his relative had subjected her to cruelty?
If yesThe court may also presume abetment, having regard to all the other circumstances (BSA s. 117)
If noNo presumption; abetment is proved in the ordinary way
From sections 107 and 108 of the Bharatiya Nyaya Sanhita and section 117 of the Bharatiya Sakshya Adhiniyam. Cruelty for section 117 has the meaning in section 86, explained on the section 85 page.
Is BNS 108 bailable, cognizable and compoundable?
Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.
- ArrestCognizable
The police may register a case and begin investigating on their own, and may arrest without a warrant from a Magistrate. You do not need a court order to get an investigation started.
- BailNon-bailable
Release on bail is not a matter of right. A court decides whether to grant it, and the police cannot release the accused on their own authority.
- CompoundingNot compoundable
The complainant cannot end the case by settling it. BNSS s. 359 lists every offence that may be compounded and this one is not on either list, so only the court can end the case.
- Tried byCourt of Session
Tried by a Court of Session — the more serious tier, reached by way of committal from a Magistrate rather than filed there directly.
Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 181), and section 359 for compounding.
The preliminary enquiry in BNSS section 173(3) is limited to offences punishable with three years or more but less than seven; section 108 carries up to ten, so it does not apply. The limitation periods in section 514 stop at offences punishable with three years, so none applies either.
Punishment for abetment of suicide, against the offences around it
Section 108 carries imprisonment of either description — simple or rigorous — for up to ten years, and the offender “shall also be liable to fine”. There is no minimum term. Section 107, for a child or a person of unsound mind, delirious or intoxicated, is graver. Where a woman’s death within seven years of marriage followed cruelty over dowry, the offence to read is dowry death under section 80.
- BNS 107 — abetment of suicide of a child or person of unsound minddeath, life, or up to 10 years
- BNS 80 — dowry death7 years to life
- BNS 108 — abetment of suicidethis pageup to 10 years
- BNS 85 — cruelty by husband or relativesup to 3 years
From the section text. Full-width bars carry death or imprisonment for life, which have no equivalent in years. A maximum is a ceiling, not what a court awards.
What happens, and how long each part takes
- The family gives information to the policewhenever the family is ready
At any police station, orally, in writing or electronically. The informant gets a free copy of what is recorded (BNSS s. 173(1), (2)).
- If the police will not record itas soon as it is refused
Send the substance in writing, by post, to the Superintendent of Police; failing action, apply to the Magistrate (ss. 173(4), 175(3)).
- From here the police and the court set the pace
The family is entitled to be told how the investigation is progressing and, with an advocate, to the police report. You cannot set the timetable — and you do not have to carry it alone. Tele-MANAS is on 14416, and legal aid on 15100.
Inquest reportwithin 24 hoursThe police inform the Executive Magistrate and report on the apparent cause of death. Where a woman died within seven years of marriage, a Magistrate also holds an inquiry, which relatives may attend (ss. 194, 196).
- Investigationno fixed limit; a progress update within 90 days
The police must tell the informant how the investigation is progressing within ninety days (s. 193(3)(ii)).
- Trial in a Court of Sessiontypically years
A Magistrate cannot try this offence. A family represented by an advocate gets the police report and statements free (s. 230).
The time limits are the BNSS’s own. No provision fixes how long a trial takes. This page gives no statistics for this offence: the NCRB crime head covers sections 107 and 108 together.
What abetment of suicide means under section 45 and section 108
A suicide is rarely explained by any one thing. The offence asks a narrower legal question: whether a particular person abetted it, in one of the ways section 45 of the Sanhita defines. Section 108 says: "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."
Whether conduct amounts to abetment is decided by a court on the evidence. This page does not suggest that any kind of conduct will or will not meet the definition.
| Form | What section 45 says | Explanation |
|---|---|---|
| Instigation | Instigates any person to do that thing | Includes wilful misrepresentation, or wilful concealment of a material fact one is bound to disclose (Explanation 1) |
| Conspiracy | Engages with others in a conspiracy for doing it, where an act or illegal omission takes place in pursuance of it | — |
| Intentional aid | Intentionally aids, by an act or illegal omission, the doing of that thing | Doing anything before or at the time to facilitate it, and thereby facilitating it (Explanation 2) |
The presumption as to abetment of suicide by a married woman: BSA section 117
Section 117 of the Bharatiya Sakshya Adhiniyam reads: "When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband." Cruelty has the meaning in section 86 of the Sanhita.
It replaced section 113A of the Indian Evidence Act, 1872, renumbered, and applies to proceedings begun on or after 1 July 2024 (BSA s. 170(2)).
| BSA s. 117 — abetment of suicide | BSA s. 118 — dowry death | |
|---|---|---|
| Was | Evidence Act s. 113A | Evidence Act s. 113B |
| What must be shown | Suicide within seven years of marriage, and cruelty by the husband or his relative | Cruelty or harassment soon before death, for or in connection with a dowry demand |
| The court | “may presume”, having regard to all the other circumstances | “shall presume” |
| What it presumes | That the husband or relative abetted the suicide | That the person caused the dowry death |
"May" leaves the court a discretion to draw the presumption or not; "shall" requires it once the facts are shown. Dowry death is explained on the section 80 page.
Support for families, and reporting abetment of suicide
Grief after a suicide can be overwhelming, and nobody has to manage it alone. Tele-MANAS, run by the Ministry of Health and Family Welfare, is a free, 24-hour mental-health helpline on 14416, and callers can choose their language.
When the police learn of a death by suicide, they must inform the nearest Executive Magistrate empowered to hold inquests and send a report on the apparent cause of death to the District or Sub-divisional Magistrate within twenty-four hours (BNSS s. 194(1), (2)). Where a woman died within seven years of marriage, the body must be sent for medical examination and a Magistrate must hold an inquiry, which relatives may attend (ss. 194(3)(i), 196(1), (5)).
A family can give information at any police station and gets a free copy (s. 173(1), (2)); if it is not recorded, the substance can be sent by post to the Superintendent of Police, then to a Magistrate (ss. 173(4), 175(3)). Free legal aid is available to every woman and child, and on income grounds (Legal Services Authorities Act, s. 12).
More questions about this page
What is 306 IPC in BNS?▼
What has to be shown for abetment of suicide under section 108?▼
What is the difference between section 107 and section 108 of BNS?▼
What is the presumption under BSA section 117?▼
Where can a family get mental-health support after losing someone to suicide?▼
Is there a time limit to complain about abetment of suicide?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026. Sections 45 and 108 quoted from the enacted text.
- Printed page 181, read from the page image. Section 108: cognizable; non-bailable; Court of Session.
- Recording information, the inquest report and the Magistrate’s inquiry, compounding and limitation.
- Section 117 quoted in full. Evidence Act ss. 113A and 113B → BSA ss. 117 and 118, renumbered, per the Government’s corresponding-sections table.
- IPC 306 → BNS 108, and IPC 305 → BNS 107, renumbered.
- Ministry of Health and Family Welfare, 10 October 2022: "A toll-free, 24/7 helpline number (14416) has been set up across the country allowing callers to select the language of choice". Fetched 13 September 2026.
- Current page: "The public can access the Tele MANAS helpline by dialing toll-free helpline number 1800-89-14416 or short code 14416." Fetched 13 September 2026.
What to do next
You do not have to work through this alone. A lawyer can explain your rights at each step, and legal services authorities provide one free to everyone the law makes eligible — including every woman and every child.
Free legal services are a legal entitlement, not charity. Under section 12 of the Legal Services Authorities Act, 1987 they are available to anyone in custody, every woman and every child, members of a Scheduled Caste or Scheduled Tribe, persons with disabilities, victims of trafficking or of a disaster or caste atrocity, industrial workers, and anyone whose income is below the limit their State sets — provided the legal services authority is satisfied there is a case to bring or defend (section 13).
- NALSA — National Legal Services Authority
- NALSA legal aid helpline (toll-free): 15100
- Your District Legal Services Authority. Every district has one, at the district court, and it is the office that arranges a lawyer.
- Tele-MANAS national mental-health helpline (toll-free, 24 hours): 14416Run by the Ministry of Health and Family Welfare. Callers can choose their language. Confirmed on pib.gov.in and dghs.mohfw.gov.in, 13 September 2026.
Not legal advice. This page explains what a provision says and how the procedure around it works, checked against the Act as in force on the date shown. It is not advice about a charge, a complaint or an arrest, and it cannot be: whether a provision fits a set of facts is the question a court decides, and the facts a page cannot see are usually the ones that matter. If you are facing a criminal matter, or deciding whether to start one, speak to an advocate.
No legal reviewer, deliberately. GetNyay is not a law firm and does not practise law. Nothing on this page is legal advice or a substitute for advice from an advocate on your own facts. Our tax and consumer pages carry a Chartered Accountant’s review credit; that credential does not extend to criminal law, so these pages carry none. We would rather show you the sources than a review that has not happened — every section number and classification here is cited to the Act or the Schedule it came from, with the date checked.
Last reviewed September 2026.