What is ‘Abetment of Suicide’?

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What is abetment of suicide?

The Indian Penal Code, 1860 makes abetment of suicide a punishable offence.

Section 306 of the Indian Penal Code (IPC) prescribes either a jail term of up to 10 years or a fine or both.
“If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment of either imprisonment for a term which may extend to ten years, and shall also be liable to fine,” Section 306 reads. Generally, the fine is paid to the kin of the deceased.
The IPC also has a separate chapter on abetment and describes who is an abettor under Section 108.
Abetment is defined as including instigating, engaging in a conspiracy or assisting in committing the offence.

How serious is the offence of abetment?

Abetment of suicide is a serious offence that is tried in a Sessions court and is cognizable, non-bailable and non-compoundable.
A cognizable offence is one in which a police officer can make an arrest without a warrant from a court.
A non-bailable offence means bail is granted to the accused at the discretion of the court and not as a matter of right.
A non-compoundable offence is one in which the case cannot be withdrawn by the complainant even when the complainant and the accused have reached a compromise.

Is abetment of suicide the same as murder?

No, it is not same as murder. The Supreme Court clarified this issue in 1997 in the case of ‘Sangarabonia Sreenu v State of Andhra Pradesh’.
Despite the intention of the accused to drive a person to commit suicide, abetment of suicide is not the same as murder.
In the case of a murder, the final ‘act’ of causing the death of a person is committed by the accused, which is not the case in abetment of suicide.

Q1) What is the difference between the bailable and non-bailable offence?

In the case of a bailable offence, the grant of bail is a matter of right. It may be either given by a police officer who is having custody of the Accused or by the court. However, A non-bailable offence is one in which the grant of Bail is not a matter of right. Here the Accused will have to apply to the court, and it will be the discretion of the court to grant Bail or not.

Source: Tunisha Sharma’s co-star booked: What is ‘abetment of suicide’ under the law