Context: The Supreme Court has reiterated the need for investigative agencies to show restraint when invoking the charge of abetment to suicide. Recently, a bench of Justices Abhay S Oka and KV Viswanathan said that Section 108 of Bhartiya Nyaya Sanhita is invoked casually.
Relevance of the Topic: Prelims: Key facts about Section 108 of Bhartiya Nyaya Sanhita.
What is Section 108 of Bhartiya Nyaya Sanhita (Section 306 of IPC)?
- As per the section, 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
- shall also be liable to fine.
- It is a non-bailable offence where the police can arrest without a warrant.
- The abetment law involving suicide has been strengthened to protect women, reversing the burden of proof against the husband for the first seven years of marriage.
Issues with Section 306 IPC (BNS 108)
- Ambiguous definition:
- The term "abetment" is not clearly defined, leading to varied interpretations.
- Abetment can include instigation, conspiracy, or aiding the act, but proving these elements can be challenging.
- The courts have emphasised that mere knowledge of someone's suicidal tendencies does not constitute abetment.
- High burden of proof:
- For a conviction under Section 306, the prosecution must demonstrate clear mens rea—the intention to instigate suicide.
- This requirement can be difficult to establish, especially in emotionally charged situations where actions may be misinterpreted as instigative.
- The Supreme Court has reiterated that words spoken in anger or haste cannot be deemed as instigation.
- Potential for misuse:
- There are concerns about the misuse of this section, mainly when charges are filed to appease grieving families rather than based on substantive evidence. This has led to wrongful accusations and legal consequences for innocent individuals.
- The non-bailable nature of the offense further exacerbates this issue, allowing for arrests without sufficient grounds.
- Low conviction rates:
- Data from the National Crime Records Bureau indicates a low conviction rate for cases under Section 306 (17.5% in 2022), suggesting that many cases do not meet the legal standards required for a conviction.
- This low rate highlights the challenges faced by prosecutors in substantiating claims of abetment.
- Impact on individuals:
- The consequences of being charged under Section 306 can be severe, affecting personal lives through social stigma, legal costs, and emotional distress.
- Even if charges are eventually dropped, the mere accusation can have lasting effects on an individual's reputation and mental health.
Judicial caution: Recent Supreme Court rulings have called for greater judicial scrutiny when considering charges under this section.
Conclusion: Section 108 BNS is crucial in addressing suicide abetment, however, its current application raises concerns of potential misuse. The Supreme Court has reiterated that abetment charges should only apply when the act is proximate and intended to incite self-harm, not for casual remarks or actions.
Thus, there is a need to take cognisance by thorough evaluation whether the essential ingredients of abetment are present before proceeding with such cases.