Abetment of suicide of child or insane person
Section 305 of the Indian Penal Code, 1860 deals with abetment of suicide of child or insane person. If any person under eighteen years of age, any insane person, any delirious person, any idiot, 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 The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
If any person under eighteen years of age, any insane person, any delirious person, any idiot, 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 fine.
Section 305, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 107 Abetment of suicide of child or person of unsound mind Close, with changes 70%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Naresh Kapoor vs State of Punjab
Court's Decision & Legal Precedent
To constitute abetment of suicide under Section 305 IPC, there must be a direct or indirect act of incitement to the commission of suicide, not mere allegations of harassment. If the deceased is hypersensitive and the allegations attributed to the accused are not ordinarily expected to induce a similarly situated person to commit suicide, it would be unsafe to hold the accused guilty of abetment. A teacher's disciplinary action, including reprimand for poor academic performance or attendance, does not constitute abetment of suicide unless there are specific, repeated allegations of deliberate harassment without justifiable cause. There must be a proximate and live link between the alleged act and the subsequent suicide, and the act must be the only factor that led to the suicide. In the absence of specific incidents of acute harassment, positive acts of instigation or aiding, and a proximate link, charges for abetment of suicide cannot be sustained.
On this section: Abetment of suicide of a person under 18 years of age. The court examined whether the ingredients of this section were satisfied in the case of the deceased minor student.
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V. Yadagiri vs The State of Telangana
Court's Decision & Legal Precedent
In cases where an FIR is registered under Section 174 Cr.P.C (investigation of suicide) and the investigation is at a preliminary stage with no indication that charges will be altered to substantive offences, anticipatory bail may be granted for a limited period to protect the accused from arrest while allowing the investigation to proceed. The court should exercise discretion under Section 438 Cr.P.C by granting a reasonable period of protection (such as four weeks) rather than outright bail or dismissal of the petition.
On this section: Abetment of suicide; the court noted that police may potentially alter charges to this section, which deals with criminal liability for encouraging suicide
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 305
What have the courts held on Section 305 of the Indian Penal Code?
Naresh Kapoor vs State of Punjab (25 Apr 2024) is the leading judgment on this section among those set out below: Abetment of suicide of a person under 18 years of age. The court examined whether the ingredients of this section were satisfied in the case of the deceased minor student. Another 1 judgment on this section is set out below. They run from 2022 to 2024.
How do I find court cases under Section 305 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 305, section 305 IPC, section 305 of the Indian Penal Code. People searching for it also type ipc 305 punishment and ipc 305 in bns. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Naresh Kapoor vs State of Punjab (25 Apr 2024).
What should I read with Section 305 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 107 (Abetment of suicide of child or person of unsound mind), which replaced it; conduct before that date is still charged, tried and appealed under this section. The rules and notifications made under it are where it actually bites, and there is one: most recently Notification regarding amendment in the Chhattisgarh Prisoner's Release on Probation Rules, 1964. (2021).
When did Section 305 of the Indian Penal Code come into force?
Section 305 of the Indian Penal Code, cited as IPC 305, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.