302 & 306 IPC
Vijay Kumar
(Querist) 16 May 2011
This query is : Resolved
Whether 306 IPC is the minor offence of 302 IPC?
Advocate. Arunagiri
(Expert) 17 May 2011
306. Abetment of suicide —
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Two offences under section 302 and section 306 of the Indian Penal Code are of distinct and different categories;
Case law:- Sangarabonia Sreenu v. State of Andhra Pradesh (1997) 4 Supreme 214.
Guest
(Expert) 17 May 2011
Section 302 applies to the murderer, while section 306 applies to a person, who has not murdered but has abeted or instigated some one to commit murder. Both the sections are applicable independently to individual criminals according to the part played by them.
Dr V. Nageswara Rao
(Expert) 17 May 2011
1. S 306 provides for punishment for ABETMENT of suicide, and prescribes 10 yrs imprisonment and fine.For attempting suicide the punishment is only 1 yr and/or fine.This is exceptional.
2. For abetment of muder, the punishment is same as that of murder i.e., death or life sentence.
3. Hence, abetment is in not a minor offence of the main offence.
4. So, S. 306 is not a minor offence of S. 302.
