SECTION 306

Overview: This Kanooni Dhara of the IPC punishes anyone who abets i.e. aids/assists a person in committing suicide.

Ingredients of the Section: The following are the essentials of this section ;     

1.    A person  must commit suicide

2.    This act of suicide must be abetted i.e. aided/assisted

3.    Whoever abetted the person in the commission of the suicide will be liable under this section.

What is Abetment?

Abetment means to actively suggest/instigate, aid/assist, provoke or encourage someone into doing something. 

Punishment: Any person liable for an offence under this section shall be punished with the punishment of imprisonment of either description for a term which may extend to 10 years and the offender shall also be liable to a fine.

Example: Neelam was unhappy with her examination marks and had lost all hope to live, she shared her feelings with Akash who then actively suggested her different ways to commit suicide. Neelam subsequently committed suicide. Here Akash has abetted Neelam’s suicide and hence is liable under this section.

What is the difference between an active suggestion and a mere suggestion in relation to this section?

A mere suggestion means casually putting forward an idea for consideration whereas active suggestion means strongly putting forward and reinforcing the idea in such a manner that the idea is adopted.

Composition under section 320 Cr.P.C: This section is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties. 

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