Under the Bharatiya Nyaya Sanhita, 2023, which of the following statements concerning punishment for…
Section 108 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 306 of the Ranbir Penal Code) provides that if any person commits suicide, whoever abets the commission of…
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Under the Bharatiya Nyaya Sanhita, 2023, which of the following statements concerning punishment for abetment of suicide is correct?
Answer and explanation
Correct answer A
Section 108 of the Bharatiya Nyaya Sanhita, 2023 (formerly section 306 of the Ranbir Penal Code) provides that 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. This statement preserves both parts of that punishment.
Why not "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 only."? The ten-year maximum matches Section 108, but the word only wrongly excludes the statutory liability to fine.
Why not "If any person commits suicide, whoever abets the commission of such suicide, shall be punished with death."? Death is not the punishment under Section 108. Section 107, which deals with abetment of suicide of a child, a person of unsound mind, a delirious person or a person in a state of intoxication, has a different punishment framework, but those circumstances are not supplied here.
Why not "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 imprisonment for life, and shall also be liable to fine."? Although this statement retains liability to fine, it changes the custodial ceiling from ten years to life and therefore overstates the punishment under Section 108.
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Jammu & Kashmir Judicial Services