IPC 306 (now BNS 108): abetment of suicideधारा 306 IPC (अब BNS 108): आत्महत्या का दुष्प्रेरण

The number section 306 has now, what abetment means in law, the presumption for a married woman, and support for families.धारा 306 अब कौन-सी धारा है, क़ानून में दुष्प्रेरण का क्या अर्थ है, विवाहित महिला के मामले में उपधारणा, और परिवारों के लिए सहायता।

Quick answerसंक्षिप्त उत्तर

IPC 306 — abetment of suicide — 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.भारतीय दंड संहिता की धारा 306 — आत्महत्या का दुष्प्रेरण — 1 जुलाई 2024 या उसके बाद के अपराधों के लिए बिना बदलाव के अब भारतीय न्याय संहिता की धारा 108 है। यह किसी दूसरे व्यक्ति की आत्महत्या का दुष्प्रेरण करने वाले को — उकसाकर, षड्यंत्र से या जानबूझकर सहायता देकर, जैसा धारा 45 दुष्प्रेरण को परिभाषित करती है — दस वर्ष तक के कारावास और जुर्माने से दंडित करती है। यह संज्ञेय, अज़मानतीय, अशमनीय है और इसका विचारण सत्र न्यायालय करता है। यदि आप परेशान हैं, तो सरकार की निःशुल्क मानसिक स्वास्थ्य हेल्पलाइन Tele-MANAS 14416 पर 24 घंटे उपलब्ध है।

Punishes whoever abets another person’s suicide, by instigation, conspiracy or intentional aid as section 45 defines abetment.किसी दूसरे व्यक्ति की आत्महत्या का दुष्प्रेरण करने वाले को दंडित करती है — उकसाकर, षड्यंत्र से या जानबूझकर सहायता देकर, जैसा धारा 45 दुष्प्रेरण को परिभाषित करती है।

Nowअब
BNS 108 — Abetment of suicide
Wasपहले
IPC 306
Punishmentसज़ा
Imprisonment up to 10 years, and fine10 वर्ष तक का कारावास, और जुर्माना
Arrest without warrantबिना वारंट गिरफ़्तारी
Cognizableसंज्ञेय
Bailज़मानत
Non-bailableअज़मानतीय
Compoundingसमझौता (शमन)
Not compoundableशमनीय नहीं
Tried byविचारण न्यायालय
Court of Sessionसत्र न्यायालय

Read this first: पहले यह पढ़ें: 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.यदि आप या आपका कोई अपना परेशान है, तो आपको अकेले सामना नहीं करना है। सरकार की निःशुल्क मानसिक स्वास्थ्य हेल्पलाइन Tele-MANAS 14416 पर 24 घंटे उपलब्ध है।

The number it had, and the number it has
Repealed — Indian Penal Code, 1860
IPC 306
Abetment of suicide.
In force — Bharatiya Nyaya Sanhita, 2023
BNS 108
Abetment of suicide.
Renumbered

The corresponding offence, under a new number. The Government’s table does not mark it as changed — good evidence the wording and punishment came across, but not proof.

How this provision was renumbered
IPC 306becomes BNS 108renumbered

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.

मुख्य बातें

  • धारा 108, IPC की धारा 306 ही है नए नंबर पर — वही शब्द और वही सज़ा, दस वर्ष तक और जुर्माना।
  • दुष्प्रेरण का अर्थ है किसी को उकसाना, ऐसे षड्यंत्र में शामिल होना जिसके तहत कोई कार्य या अवैध लोप हो, या जानबूझकर सहायता करना (BNS धारा 45)।
  • जहाँ मृतक बच्चा, विकृतचित्त, उन्मत्त या नशे में था, वहाँ अलग धारा 107 लागू होती है, जिसमें सज़ा अधिक है।
  • जहाँ विवाह के सात वर्ष के भीतर पति या उसके रिश्तेदार की क्रूरता के बाद महिला ने आत्महत्या की, वहाँ न्यायालय सभी परिस्थितियों को देखते हुए दुष्प्रेरण की उपधारणा कर सकता है (BSA धारा 117)।
  • सहायता अभी उपलब्ध है: Tele-MANAS, 14416 पर, सरकार की निःशुल्क, चौबीसों घंटे चलने वाली मानसिक स्वास्थ्य हेल्पलाइन है।

अपराध के तत्व, ज़मानत और गिरफ़्तारी का वर्गीकरण, सज़ा और प्रक्रिया का पूरा विश्लेषण नीचे अंग्रेज़ी में है।

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.

  1. 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
  2. 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.

Which provision applies
  1. 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

  2. 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.

  • Arrest
    Cognizable

    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.

  • Bail
    Non-bailable

    Non-bailable means bail is not an automatic right. Under BNSS section 480, the officer in charge of a police station or the competent court may grant bail, subject to the restrictions applicable to offences punishable with death or imprisonment for life and the other conditions in that section. The High Court and Court of Session have separate bail powers under section 483.

  • Compounding
    Not 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 by
    Court 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. These are the national labels. A State notification saved by BNSS s. 531(2)(b), or a State amendment, can change them in that State; where one has been verified it is shown here.

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.

Maximum punishment: abetment of suicide and the offences next to it
  • 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

  1. 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)).

  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)).

  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 hours

    The 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).

  4. 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)).

  5. 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.

The three forms of abetment in section 45
FormWhat section 45 saysExplanation
InstigationInstigates any person to do that thingIncludes wilful misrepresentation, or wilful concealment of a material fact one is bound to disclose (Explanation 1)
ConspiracyEngages with others in a conspiracy for doing it, where an act or illegal omission takes place in pursuance of it—
Intentional aidIntentionally aids, by an act or illegal omission, the doing of that thingDoing 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)).

Two presumptions, and the word that separates them
BSA s. 117 — abetment of suicideBSA s. 118 — dowry death
WasEvidence Act s. 113AEvidence Act s. 113B
What must be shownSuicide within seven years of marriage, and cruelty by the husband or his relativeCruelty 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 presumesThat the husband or relative abetted the suicideThat 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?▼
Section 306 of the Indian Penal Code — often searched as "306 dhara" — is now section 108 of the Bharatiya Nyaya Sanhita. The Government’s table marks it renumbered, and the words and punishment, up to ten years and fine, are the same. An offence committed before 1 July 2024 is still charged under section 306.
What has to be shown for abetment of suicide under section 108?▼
Two things: that the person died by suicide, and that the accused abetted it in one of the ways section 45 defines — instigating, engaging in a conspiracy under which an act or illegal omission took place, or intentionally aiding. Whether particular conduct meets that definition is a question the court decides on the evidence, not one a page can answer.
What is the difference between section 107 and section 108 of BNS?▼
Section 107 applies where the person who died was a child, a person of unsound mind, a delirious person or a person in a state of intoxication, and carries death, imprisonment for life or up to ten years, and fine. Section 108 applies in every other case and carries up to ten years and fine. Both are cognizable, non-bailable and tried by a Court of Session.
What is the presumption under BSA section 117?▼
Where a woman died by suicide within seven years of her marriage, and her husband or his relative had subjected her to cruelty as defined in section 86 of the Sanhita, the court may presume that the husband or relative abetted the suicide, having regard to all the other circumstances. It replaced section 113A of the Evidence Act.
Where can a family get mental-health support after losing someone to suicide?▼
Tele-MANAS, the national tele-mental health helpline run by the Ministry of Health and Family Welfare, is free and open 24 hours on 14416, and callers can choose their language. For free legal help with a complaint, the National Legal Services Authority helpline is 15100, and every district court has a District Legal Services Authority.
Is there a time limit to complain about abetment of suicide?▼
The limitation periods in section 514 of the BNSS cover only offences punishable with fine, or with imprisonment of up to three years. Abetment of suicide carries up to ten years, so no limitation period under that section applies. Section 173, on giving information to the police, sets no deadline of its own either.

Official sources checked

The statutes, rules and regulator pages the statements on this page were checked against.

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.

If you cannot pay for one, you do not have to

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.

Last reviewed September 2026.

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