What is ‘Abetment of Suicide’?

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Overview:

Actress Tunisha Sharma's friend Sheezan Khan arrested in abetment to suicide case.

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  • A non-compoundable offence is one in which the case cannot be withdrawn by the complainant even when the complainant and the accused have reached a compromise.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