The Section 107 of BNS 2023 is a crucial law that deals with the abetment of suicide of vulnerable individuals. It is a replacement for Section 305 of the Indian Penal Code (IPC), with stricter provisions to protect minors and mentally ill persons. Understanding this law is important for both legal professionals and the general public.
What is Section 107 of BNS 2023?
Section 107 of Bhartiya Nyay Sanhita 2023 states:
“If any person under eighteen years of age, any person with mental illness, 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 a fine.”
Key Elements of Bhartiya Nyay Sanhita 2023 Section 107
- Who is protected?
- Minors (below 18 years)
- Persons with mental illness
- Delirious persons
- Intoxicated individuals
- What is considered abetment?
- Instigating, encouraging, or assisting a vulnerable person in committing suicide.
- What is the punishment?
- Death penalty or life imprisonment
- Up to 10 years in jail
- A monetary fine
Why is Section 107 of BNS 2023?
The Bhartiya Nyay Sanhita 2023 Section 107 ensures that individuals do not exploit vulnerable persons. Suicide rates in India are high, and mental health issues often go unnoticed. This law provides legal protection to those at risk and punishes those who drive them toward suicide.
Case Laws on Abetment of Suicide
1. Gurcharan Singh v. State of Punjab (2020)
- The Supreme Court ruled that mere harassment is not enough to prove abetment.
- There must be a clear intention to push the victim toward suicide.
2. Madan Mohan Singh v. State of Gujarat (2010)
- A case involving an employer’s harsh behavior.
- The court ruled that strict behavior does not amount to abetment unless direct involvement is proven.
3. Arun Bhardwaj v. State (NCT of Delhi) (2022)
- The Delhi High Court found that constant pressure and humiliation could lead to abetment if it directly influenced the victim’s decision.
Short Note on Bhartiya Nyay Sanhita 2023 Section 107
- Protects minors and mentally vulnerable individuals.
- Punishes those who push them toward suicide.
- Stricter than previous IPC provisions.
- Requires strong proof of abetment for conviction.
Section 107 vs Section 306 of Bhartiya Nyay Sanhita 2023
Both Section 107 and Section 306 deal with abetment of suicide but differ in who they protect and the severity of punishment.
| Section | Who is Protected? | Punishment |
|---|---|---|
| 107 | Minors, mentally ill, intoxicated individuals | Death penalty, life imprisonment, or up to 10 years jail |
| 306 | General public | Up to 10 years imprisonment |
The Bhartiya Nyay Sanhita 2023 Section 107 imposes stricter punishment due to the victim’s vulnerable condition.
Real-Life Implications of Section 107
This law has strong real-world applications. People who may face legal consequences under Section 107 of Bhartiya Nyay Sanhita 2023 include:
- Teachers or mentors who push students beyond emotional limits.
- Family members who harass or mistreat mentally ill individuals.
- Caregivers who neglect their responsibilities, leading to distress.
Challenges in Implementing Section 107
- Proving abetment is difficult – Courts need strong evidence of encouragement or assistance.
- Mental health awareness is low – Many do not understand the signs of distress.
- Risk of misuse – False accusations may lead to wrongful convictions.
How Can We Prevent Abetment of Suicide?
- Spreading awareness about mental health.
- Providing legal support to vulnerable persons.
- Encouraging open conversations about mental distress.
Disclaimer
This article is for informational purposes only. It is not legal advice. The application of law varies with each case. Consult a lawyer for specific legal concerns.
Conclusion
The BNS 2023 Section 107 plays a crucial role in protecting vulnerable individuals from coercion into suicide. It imposes severe penalties on offenders and ensures legal protection for at-risk individuals. Understanding this law is essential to creating a just and responsible society.
