Legal Guide

Everything About the Concept of Section 306 IPC

by Suryansh Kumar · 3 min read

Section 306 IPC

Introduction

Section 306 IPC talks about the abetment of suicide; an abetment is an act where someone compels or incites another person to indulge in something wrong or illegal activity. In one of the cases by the Supreme court of India, it has been described as a mental process in which the person is instigated or assisted with the intent to carry out any act which is illegal or immoral. So, if anyone abets, entices, or compels another person to commit the crime of suicide, then they are punished under section 306 IPC under abetment of suicide. All the matters related to it are subject to legal consultation. 

What is Section 306 IPC?

  • Section 306 penalties ‘abetment of suicide,’ while Section 309 punishes ‘attempt to commit suicide. Abetment of a suicide attempt falls outside the scope of section 306 and is penalized exclusively under section 309, read with section 107 of the IPC. In some other jurisdictions, even when attempted suicide is not a criminal violation, the abettor is punished.
  • The article therein allows for the punishment of both abetting suicide and attempting to commit suicide. Thus, even though the punishment for attempting suicide is not deemed appropriate, its facilitation is constituted a criminal act.
  • In other words, assisted suicide and assisted suicide attempts are deemed punishable for compelling reasons in the interests of society. Such a provision is thought useful in order to avoid the hazard inherent in the lack of such a penal provision.

What is the Definition of Abetment under Section 306 of the IPC?

Abetment is a crime under Section 107 of the Indian Penal Code, 1860. In its literal sense, abetment refers to the incitement of a person to do (or not do) an act in a specific manner or aid given by one person to another, either of his own accord or under the principles governing joint and constructive culpability.

Important Abetment Elements under Section 306 IPC

The following are the main components of the offense of abetment under Section 107:

  • An abutment is required.
  • The abetment must be an offense or an act that would be an offense if undertaken by a person who is legally competent of committing the offense with the same intent or knowledge as the abettor.
  • Mens Rea, also known as the Guilty Mind.
  • Mens Rea is a critical component in aiding and abetting an offense. The necessity of men’s rea is seen as a prerequisite for the liability of the offense of abetment.

Illustration of Ingredients according to Section 306 IPC

 If A says to B, “I am going to kill C,” and B responds, “Do as you wish and take the consequences,” and A kills C, B cannot be claimed to have induced A to stab C. As a result, B is not liable for abetment.

The important thing to note is that this does not come under section 323 IPC of voluntarily causing hurt to someone. 

What exactly is Abetment by Instigation under Section 306 of the IPC?

The term “instigate” is to goad or urge onward, or to provoke, incite, urge, or promote undertaking an illegal act. When a person deliberately advises or encourages another to perform illicit conduct using any means or language, direct or indirect, whether it takes the form of express solicitation or hints, or insinuation, he is called to incite as per section 306 IPC.

What exactly is Abetment by Conspiracy under Section 306 of the IPC?

The second leg of the definition of abetment is the participation in a plot to commit an offense with one or more other people. In terms of an agreement to commit a crime, the difference between abetment by conspiracy and criminal conspiracy is that for abetment by conspiracy, the mere agreement is insufficient. An act or criminal omission must occur in furtherance of the conspiracy and in order for the thing conspired to be done as per section 306 IPC. 

What are some examples of abetment under Section 306 of the IPC?

  • A incites B to kill C by saying ‘kill-kill,’ and D places a knife in A’s hand. Both A and D are guilty of abetting the offense of murder in this case, one by instigation and the other by aiding in the commission of the felony.
  • A servant arranges with burglars to keep his master’s house door open at night so that they can steal. According to the agreed-upon strategy, A maintains the doors open while the thieves steal the master’s property. 
  • A is convicted of abetment by conspiracy for the crime of theft. However, if the thieves do not appear, A will not be held accountable under this clause.

These can be taken as an illustration for section 306 IPC. 

What is suicide under section 306 IPC?

Suicide is not defined in the Indian Penal Code, but its meaning and import are well understood and do not require explanation. ‘Sui’ means self,’ and ‘cide’ means ‘killing,’ meaning a self-killing act. Suicide is frequently committed as a result of despair, which is generally attributed to a mental disease such as depression, bipolar disorder, schizophrenia, borderline personality disorder, alcoholism, or drug misuse as per section 306 IPC

 Financial difficulties or problems with interpersonal connections are common sources of stress.

Conclusion 

As we see in section 306 IPC, the accused is held liable for the offense of influencing or abetting the person to commit the offense of suicide. But if we see the case of murder, the person is held liable for action which caused the death of someone. In the abetment of suicide, we can say that action is just to mentally influence a person to commit the act of crime.

The abetment of suicide is a crime in the Indian penal code under section 306 IPC, as we discussed above in the article but all the cases related to section 306 IPC are matters of legal consultation seek legal advice. 

Section 306 IPC talks about the abetment of suicide which means inciting someone to commit the offences of suicide. To know about the Section 306 of IPC consult a lawyer.

Suryansh Kumar

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Suryansh Kumar

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