What is Section 305 IPC? Abetment of suicide of child or insane person
Published on: Lawiz Team
Learn about Section 305 IPC: Abetment of suicide of child or insane person
Official Legal Text
If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 305 punishes anyone who abets the suicide of a minor, a person of unsound mind, an intoxicated person, or a person with diminished mental capacity.
Purpose
To protect vulnerable individuals from being driven to commit suicide by others.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Death or imprisonment for life, or imprisonment up to 10 years, and fine.
Scope and Application
Applies when someone encourages, instigates, or aids a vulnerable person in committing suicide.
Important Legal Points
The person committing suicide must be a minor, of unsound mind, intoxicated, or have diminished mental capacity.
Illustrative Example
If an adult encourages a mentally unstable person to end their life, they are punishable under Section 305.
Exceptions and Special Cases
Does not apply if the person committing suicide is an adult with sound mental capacity.
Punishment Details
Death penalty or imprisonment for life, or imprisonment for a term which may extend to ten years, and fine.
FAQs
What is Section 305 IPC about?
Official legal meaning and explanation of Section 305 IPC.
What is the punishment under Section 305 IPC?
Punishment details under Section 305 IPC.
Is offence under Section 305 IPC bailable?
Depends on the seriousness and nature of offence under Section 305 IPC.
Is Section 305 IPC a cognizable offence?
Generally based on severity; needs proper case-by-case analysis.
How to file a case under Section 305 IPC?
Visit local police station, file FIR, submit necessary evidence.
How can a person defend against Section 305 IPC charges?
Possible defences include lack of intention, false accusation, or absence of legal ingredients.
Which court handles cases under Section 305 IPC?
Usually Magistrate Court or Sessions Court depending on punishment prescribed.