IPC Section 305
IPC Section 305 – Abetment of suicide of a child or insane person
Text of Section 305 (simplified in English):
"If any person commits suicide, or attempts to commit suicide, and it is shown that they were under 18 years of age or were of unsound mind, and the suicide was abeted by another person, the abettor shall be punished with imprisonment or other penalties as provided by law."
Note: Section 305 specifically targets abetment of suicide by minor (under 18) or unsound mind individuals.
Key Elements of Section 305:
Abettor:
A person who encourages, instigates, or aids another person to commit suicide.
Victim:
The person committing or attempting suicide must be:
Under 18 years of age, or
Of unsound mind.
Actus Reus (The Act / What is Done):
The abettor must instigate, encourage, or facilitate the suicide.
Mere passive knowledge without encouragement is not enough.
Mens Rea (Mental Element / Intention):
The abettor must intentionally provoke or aid the act of suicide.
Negligence alone is insufficient; there must be deliberate instigation or assistance.
Punishment:
Punishable as if committing culpable homicide (similar to Section 302 or 304 IPC).
Imprisonment may be life imprisonment or lesser term, depending on circumstances.
Illustrations / Examples:
A guardian forces or encourages a minor to commit suicide due to family pressure.
→ Punishable under Section 305 IPC.
A person instructs a mentally unsound individual to take poison to end their life.
→ Punishable under Section 305 IPC.
A minor or unsound mind individual commits suicide without any provocation or help from another.
→ Section 305 does not apply, because there is no abetment.
Important Points:
Section 305 is a protective provision for vulnerable persons: minors and persons of unsound mind.
It ensures that those who manipulate or exploit such individuals for self-harm face severe legal consequences.
It is closely related to Section 306 IPC, which deals with abetment of suicide for adults.
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