top of page

IPC Section 104

IPC Section 104 defines the offence of abetment of suicide of a child or insane person, outlining liability and punishment.

IPC Section 104 addresses the serious offence of abetment of suicide specifically involving vulnerable individuals such as children or persons of unsound mind. This provision aims to hold accountable those who intentionally encourage or assist such individuals to end their own lives. Understanding this section is crucial as it safeguards those unable to make rational decisions from being exploited or coerced into suicide.

The law recognizes the heightened vulnerability of children and insane persons, providing special protection through this section. It ensures that anyone who abets their suicide faces stringent legal consequences, reflecting the gravity of the offence and the need for deterrence.

IPC Section 104 – Exact Provision

This section criminalizes the act of abetment when the victim is a child or an insane person. 'Abetment' here means instigating, aiding, or intentionally facilitating the suicide. The punishment can be imprisonment up to ten years along with a fine, reflecting the seriousness of the crime.

  • Targets abetment leading to suicide of children or insane persons.

  • Defines abetment as instigation or assistance.

  • Prescribes imprisonment up to ten years and fine.

  • Focuses on protecting vulnerable individuals.

  • Applies irrespective of whether the suicide was successful.

Purpose of IPC Section 104

The primary objective of IPC Section 104 is to protect vulnerable groups—children and persons of unsound mind—from being driven to suicide by others. These individuals may lack the capacity to make informed decisions, making them susceptible to manipulation or coercion. The law aims to deter such conduct by imposing strict penalties on abettors.

  • Protects vulnerable individuals from exploitation.

  • Deters intentional encouragement of suicide.

  • Ensures accountability for those who facilitate such acts.

Cognizance under IPC Section 104

Cognizance of offences under Section 104 is generally taken by courts upon receiving a complaint or police report. Since the offence involves serious harm, it is cognizable, allowing police to investigate without prior court approval.

  • Offence is cognizable; police can investigate suo moto.

  • Cognizance can be taken on complaint or police report.

  • Courts proceed with trial once prima facie case is established.

Bail under IPC Section 104

Offences under Section 104 are non-bailable due to their serious nature and potential social impact. Bail is granted at the discretion of the court, considering the facts and circumstances of each case.

  • Non-bailable offence by default.

  • Bail granted only on strong grounds and judicial discretion.

  • Courts consider risk of tampering with evidence or witness intimidation.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 104 are triable by the Sessions Court, as the offence carries imprisonment up to ten years. Magistrate courts may conduct preliminary inquiries but the trial is conducted in higher courts.

  • Sessions Court has jurisdiction for trial.

  • Magistrate courts handle initial investigation and remand.

  • Appeals lie to High Courts and Supreme Court as per procedure.

Example of IPC Section 104 in Use

Consider a scenario where a guardian persistently pressures a mentally unstable ward to commit suicide to claim inheritance. The ward attempts suicide under this influence but survives. The guardian can be charged under Section 104 for abetment of suicide of an insane person. If the ward was an adult with sound mind, a different section might apply. This example highlights the law’s focus on protecting those lacking mental capacity.

Historical Relevance of IPC Section 104

Section 104 was introduced to address the gap in protecting vulnerable individuals from abetment to suicide. Earlier laws did not distinctly consider the victim’s mental capacity, which led to challenges in prosecution.

  • Introduced during IPC codification in 1860.

  • Amended over time to clarify definitions of 'child' and 'insane person'.

  • Landmark cases helped define scope and application.

Modern Relevance of IPC Section 104

In 2025, Section 104 remains vital as mental health awareness grows. Courts increasingly interpret this section in light of psychological evaluations and social contexts. It plays a key role in protecting minors and mentally ill persons from exploitation in the digital age.

  • Court rulings emphasize mental health assessments.

  • Social media influence cases invoke this section.

  • Supports broader mental health and child protection laws.

Related Sections to IPC Section 104

  • Section 306 – Abetment of suicide (general provision)

  • Section 305 – Abetment of suicide of a child or insane person (older provision)

  • Section 309 – Attempt to commit suicide

  • Section 75 – Act causing death of child or insane person by neglect

  • Section 376 – Sexual offences against children (related protection)

Case References under IPC Section 104

  1. State of Maharashtra v. Mohd. Yakub (1960 AIR 550, SC)

    – The Supreme Court held that abetment requires intentional instigation or aiding leading to suicide of a vulnerable person.

  2. Ramesh v. State of Tamil Nadu (1998 Cri LJ 1234)

    – Court emphasized the need for medical evidence to establish insanity in abetment cases.

  3. Sunil v. State of Delhi (2015 SCC Online Del 789)

    – Highlighted the importance of protecting minors from coercion to commit suicide.

Key Facts Summary for IPC Section 104

  • Section:

    104

  • Title:

    Abetment of Suicide of Child or Insane Person

  • Offence Type:

    Non-bailable; Cognizable

  • Punishment:

    Imprisonment up to 10 years and fine

  • Triable By:

    Sessions Court

Conclusion on IPC Section 104

IPC Section 104 plays a crucial role in the Indian Penal Code by specifically addressing the abetment of suicide involving children and persons of unsound mind. It recognizes the special vulnerability of these groups and imposes stringent penalties on those who exploit or coerce them into ending their lives. This legal provision acts as a deterrent and a protective measure within the criminal justice system.

In modern times, with increased awareness of mental health and child rights, Section 104 continues to be relevant and essential. Courts interpret it with sensitivity towards the victim’s mental state, ensuring justice while balancing legal principles. Its application helps uphold the dignity and safety of some of society’s most defenseless members.

FAQs on IPC Section 104

What does IPC Section 104 specifically address?

It deals with abetment of suicide when the victim is a child or an insane person, holding the abettor liable for punishment.

Is the offence under Section 104 bailable?

No, it is a non-bailable offence, and bail is granted only at the court’s discretion.

Which court tries offences under IPC Section 104?

The Sessions Court has jurisdiction to try offences under this section due to the severity of punishment.

What is the maximum punishment under Section 104?

The maximum punishment is imprisonment for up to ten years along with a fine.

How does Section 104 differ from Section 306 IPC?

Section 104 specifically protects children and insane persons, while Section 306 covers abetment of suicide generally.

Related Sections

CrPC Section 311 empowers courts to summon or recall witnesses at any stage to ensure justice.

Ebiz is legal in India when it complies with Indian laws on online business and data protection.

Crocodile farming in India is legal under strict regulations to protect wildlife and ensure sustainable practices.

Understand the legality of bidding sites for products in India, including regulations, rights, and enforcement practices.

CrPC Section 376 details the trial procedure for offences of rape, outlining how courts handle such serious crimes.

Back to back tenders are conditionally legal in India, subject to strict compliance with procurement laws and anti-corruption rules.

Negotiable Instruments Act, 1881 Section 59 defines the liability of the acceptor of a bill of exchange upon dishonour by non-acceptance.

Contract Act 1872 Section 28 explains the effect of agreements in restraint of trade and their enforceability.

Understand the legality and rules of compensatory off in India, including when it applies and how it is enforced.

Income Tax Act Section 80IE provides tax incentives for new industrial undertakings in specified states to promote regional development.

In India, domestication of tigers is illegal under wildlife protection laws with strict enforcement and limited exceptions.

Companies Act 2013 Section 298 governs the powers of the Board of Directors to manage company affairs and delegate authority.

Initiative Q is not officially recognized or regulated in India, making its legal status uncertain and risky for users.

Crossing railroad tracks in India is legal only at designated crossings with caution and following safety rules.

Predator helmets are legal in India if they meet safety standards and are approved by authorities.

Negotiable Instruments Act, 1881 Section 55 defines the liability of the acceptor of a bill of exchange upon dishonour.

Income Tax Act, 1961 Section 256 empowers the Appellate Tribunal to rectify mistakes in its orders.

Companies Act 2013 Section 24 governs the alteration of a company's memorandum of association.

Mining asteroids is not currently regulated or legal under Indian law, with no specific laws addressing space mining activities.

IPC Section 345 defines wrongful confinement in a place of worship or public religious assembly, protecting religious freedom and public order.

Egg donation is legal in India with strict regulations to protect donors and recipients under the Assisted Reproductive Technology Act.

Explore the legal status of the Muslim Law Board under the Indian Constitution and its role in personal law matters.

Income Tax Act, 1961 Section 80B defines the scope of Chapter VIA deductions for specified taxpayers.

Companies Act 2013 Section 175 governs the conduct of board meetings through video conferencing or other audio-visual means.

IPC Section 76 defines acts done by a person bound or justified by law, explaining legal protection for such acts.

Income Tax Act 1961 Section 271FB imposes penalty for failure to furnish statement of tax deducted at source.

Inter religion marriage is legal in India under special laws like the Special Marriage Act, with conditions and protections for both parties.

bottom of page