IPC Section 104

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.