Section 306. Abetment of suicide
Querist :
Anonymous
(Querist) 18 April 2011
This query is : Resolved
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.
Does 306 apply only when person commit suicide, what happen if he is mentally harassed to point of sucide. What effect that have in above case.
Raj Kumar Makkad
(Expert) 18 April 2011
This is the only offense under Indian Penal Code vide which if person fails to commit such offence then he is tried and can accordingly be punished but on the other hand if he succeeds in committing such crime then he can not be tried and thus question of punishment for him does not arise as a dead person cannot be tried.
Guest
(Expert) 18 April 2011
Mr. Makkad may kindly like to review his reply, as to my interpretation, the poster of the question has asked for the legal provisions about a person who encourages or compels some person to make suicide, not about the person who actually makes or attempts suicide.
In reply to the question:
I can say, if abetment is proved beyond doubt the person abeting a person towards suicide must be punished under law. However that depends upon the interpretation of the individual judge, whether he considers it proper to apply the relevant section only with particular reference to the suicide actually made or merely attempted but not having succeded in suicide.
But, in my opinion, crime is a crime on the part of the person who abets and if it is proved he should be punished irrespective of whether the person actually comits a suicide or merely attempted, or even not attempted, but was being constantly harassed to compel him to comit suicide.
Arvind Singh Chauhan
(Expert) 18 April 2011
Ha ha I think Raj Sir has read 309 in place of 306 in the above query.
Sarvesh Kumar Sharma Advocate
(Expert) 18 April 2011
